A01842 Summary:

BILL NOA01842
 
SAME ASSAME AS S00407
 
SPONSORRosenthal (MS)
 
COSPNSRMarkey, Dinowitz, Maisel, Gunther, Jaffee, Reilly, Clark, Schroeder
 
MLTSPNSRBoyland, Colton, Galef, Paulin, Pheffer, Robinson, Weisenberg
 
Amd S260.21, Pen L; add S391-oo, Gen Bus L; add Art 13-I SS1399-xx - 1399-yy, Pub Health L
 
Prohibits the sale of over-the-counter weight loss supplements to minors and requires education to minors of the effects of weight loss supplements; requires store owners to post a sign of such prohibition.
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A01842 Actions:

BILL NOA01842
 
01/12/2011referred to codes
01/04/2012referred to codes
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A01842 Floor Votes:

There are no votes for this bill in this legislative session.
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A01842 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1842
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2011
                                       ___________
 
        Introduced  by  M.  of  A. ROSENTHAL, MARKEY, DINOWITZ, MAISEL, GUNTHER,
          JAFFEE, REILLY, CLARK, SCHROEDER -- Multi-Sponsored by  --  M.  of  A.
          BOYLAND,  COLTON, GALEF, PAULIN, PHEFFER, ROBINSON, WEISENBERG -- read
          once and referred to the Committee on Codes
 
        AN ACT to amend the penal law, the general business law and  the  public

          health  law,  in  relation to prohibiting the sale of over-the-counter
          weight loss supplements to minors and requiring  educational  outreach
          to minors of the risks of weight loss supplements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 and the first closing  paragraph  of  section
     2  260.21  of  the  penal law, as added by chapter 362 of the laws of 1992,
     3  are amended and a new subdivision 4 is added to read as follows:
     4    3. He sells or causes to be sold tobacco in any form to a  child  less
     5  than eighteen years old[.]; or
     6    4.  He sells or causes to be sold over-the-counter weight loss supple-
     7  ments in any form to a child less than eighteen years old.

     8    It is no defense to a prosecution pursuant  to  subdivision  three  or
     9  four of this section that the child acted as the agent or representative
    10  of another person or that the defendant dealt with the child as such.
    11    §  2. The general business law is amended by adding a new section 391-
    12  oo to read as follows:
    13    § 391-oo. Regulation  of  over-the-counter  weight  loss  supplements;
    14  distribution  to  minors  prohibited. 1. Any person operating a place of
    15  business wherein over-the-counter weight loss supplements  are  sold  or
    16  offered for sale is prohibited from selling such products to individuals
    17  under  eighteen  years  of  age, and shall post in a conspicuous place a
    18  sign upon which there shall be imprinted the following statement,  "SALE

    19  OF  OVER-THE-COUNTER  WEIGHT  LOSS SUPPLEMENTS TO PERSONS UNDER EIGHTEEN
    20  YEARS OF AGE IS PROHIBITED BY LAW." Such sign  shall  be  printed  on  a
    21  white  card  in  red  letters at least one-half inch in height.  Sale of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00850-01-1

        A. 1842                             2
 
     1  over-the-counter weight loss products in such places, shall be made only
     2  to an individual who demonstrates, through a driver's license  or  other
     3  photographic identification card issued by a government entity or educa-

     4  tional  institution,  that  the individual is at least eighteen years of
     5  age. Such identification need not be  required  of  any  individual  who
     6  reasonably  appears  to  be at least twenty-five years of age, provided,
     7  however, that such appearance shall not  constitute  a  defense  in  any
     8  proceeding  alleging the sale of an over-the-counter weight loss supple-
     9  ment to an individual under eighteen years of age.
    10    2. Over-the-counter weight loss supplements means any product intended
    11  for the purpose of weight loss that are  sold  without  the  need  of  a
    12  prescription.
    13    §  3. The public health law is amended by adding a new article 13-I to
    14  read as follows:
    15                                ARTICLE 13-I

    16           REGULATION OF OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS;
    17                      DISTRIBUTION TO MINORS PROHIBITED
    18  Section 1399-xx. Regulation of over-the-counter weight loss supplements;
    19                     distribution to minors prohibited.
    20          1399-yy. Weight loss supplement public awareness program.
    21    § 1399-xx. Regulation of  over-the-counter  weight  loss  supplements;
    22  distribution  to  minors  prohibited. 1. Any person operating a place of
    23  business wherein over-the-counter weight loss supplements  are  sold  or
    24  offered for sale is prohibited from selling such products to individuals
    25  under  eighteen  years  of  age, and shall post in a conspicuous place a
    26  sign upon which there shall be imprinted the following statement,  "SALE

    27  OF  OVER-THE-COUNTER  WEIGHT  LOSS SUPPLEMENTS TO PERSONS UNDER EIGHTEEN
    28  YEARS OF AGE IS PROHIBITED BY LAW." Such sign  shall  be  printed  on  a
    29  white  card  in  red  letters  at least one-half inch in height. Sale of
    30  over-the-counter weight loss products in such places, shall be made only
    31  to an individual who demonstrates, through a driver's license  or  other
    32  photographic identification card issued by a government entity or educa-
    33  tional  institution,  that  the individual is at least eighteen years of
    34  age. Such identification need not be  required  of  any  individual  who
    35  reasonably  appears  to  be at least twenty-five years of age, provided,
    36  however, that such appearance shall not  constitute  a  defense  in  any

    37  proceeding  alleging the sale of an over-the-counter weight loss supple-
    38  ment to an individual under eighteen years of age.
    39    2. Over-the-counter weight loss supplements means any product intended
    40  for the purpose of weight loss that are  sold  without  the  need  of  a
    41  prescription.
    42    §  1399-yy.  Weight  loss  supplement  public  awareness  program. The
    43  commissioner shall establish a weight loss supplement  public  awareness
    44  program.  1.  The  commissioner  shall establish an educational outreach
    45  program for weight loss supplement awareness  by  providing  for  educa-
    46  tional outreach services to teenagers, pre-teenagers, parents, siblings,
    47  teachers, guidance counselors, principals and superintendents.

    48    2.  The  commissioner, in consultation with the commissioner of educa-
    49  tion, shall promulgate rules and regulations necessary for the implemen-
    50  tation of such outreach program, and shall be designed to promote:
    51    (a) increased awareness of  the  risks  associated  with  weight  loss
    52  supplements  by  persons under the age of eighteen without the consulta-
    53  tion of a licensed physician; and
    54    (b) coordination of public and private efforts to provide  educational
    55  outreach programs to minors, parents and educators.

        A. 1842                             3
 
     1    3.  The  following strategies may be used to raise public awareness of
     2  the risks associated  with  the  use  of  over-the-counter  weight  loss

     3  supplements by persons under the age of eighteen:
     4    (a)  outreach  campaign  utilizing  print, radio and television public
     5  service announcements, advertisements, posters and other materials;
     6    (b) community forums; and
     7    (c) health information and risk-factor assessments at public events.
     8    4. The department of education shall  assist  the  department  in  the
     9  distribution of information for the weight loss supplement public aware-
    10  ness program as established by this section.
    11    § 4. This act shall take effect on the first of November next succeed-
    12  ing  the  date  on  which it shall have become a law; provided, however,
    13  that section three of this act shall take effect on  the  ninetieth  day
    14  after  it  shall have become a law. Effective immediately, the addition,

    15  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    16  implementation  of  this  act on its effective date are authorized to be
    17  made and completed.
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