STATE OF NEW YORK
________________________________________________________________________
2277
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
___________
Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. COLTON,
McDONOUGH, ZEBROWSKI -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to establishing a
dietary supplements safety committee
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section 25
2 to read as follows:
3 § 25. Dietary supplements safety committee. 1. There is hereby estab-
4 lished in the department the dietary supplements safety committee to be
5 composed of eighteen members who shall be appointed in the following
6 manner: three shall be appointed by the temporary president of the
7 senate; two shall be appointed by the minority leader of the senate;
8 three shall be appointed by the speaker of the assembly; two shall be
9 appointed by the minority leader of the assembly; and eight shall be
10 appointed by the governor. The governor shall designate the chairperson
11 of the committee. The members of the committee shall be representative
12 of the public health field, health care services providers, dieticians
13 and nutritionists. Such appointing officials shall either replace or
14 reappoint the members of such committee for three year terms, according
15 to the following schedule:
16 (a) Effective January first, two thousand nineteen: Any three original
17 appointees of the governor, one original appointee of the temporary
18 president of the senate, one original appointee of the speaker of the
19 assembly and one original appointee of the minority leader of the
20 senate;
21 (b) Effective January first, two thousand twenty: Any three of the
22 remaining original appointees of the governor, one of the remaining
23 original appointees of the temporary president of the senate, one of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07726-01-7
A. 2277 2
1 remaining original appointees of the speaker of the assembly and one
2 original appointee of the minority leader of the assembly;
3 (c) Effective January first, two thousand twenty-one: The two remain-
4 ing original appointees of the governor, the remaining original appoint-
5 ee of the temporary president of the senate, the remaining original
6 appointee of the speaker of the assembly, the remaining original
7 appointee of the minority leader of the senate and the remaining
8 original appointee of the minority leader of the assembly;
9 (d) Replacements or reappointments thereafter shall be made at the
10 expiration of the term of each member, by the appointing official who
11 originally appointed such member; and
12 (e) Vacancies shall be filled by appointment in like manner for unex-
13 pired terms.
14 2. The committee shall evaluate the safety and efficacy of dietary
15 supplements and its duties shall include, but not be limited to, the
16 following:
17 (a) establish a system of reporting adverse events associated with
18 dietary supplements and support voluntary reporting by consumers, health
19 practitioners and others;
20 (b) assess available data and make specific recommendations to the
21 commissioner regarding banning the sale of certain dietary supplements
22 the committee deems harmful; and
23 (c) establish a public health education campaign on dietary supple-
24 ments, with variations specifically directed to target different groups.
25 3. The advisory council shall meet at least three times a year, at the
26 request of the chairperson.
27 4. The members of the council shall receive no compensation for their
28 services, but shall be allowed their actual and necessary expenses
29 incurred in the performance of their duties.
30 5. The commissioner is hereby authorized to ban the sale of any
31 dietary supplement sold or offered for sale in this state upon recommen-
32 dation by the committee. Any such ban may be limited in its scope to ban
33 the sale of any such supplement to minors only.
34 6. For purposes of this section, the term "dietary supplement" means
35 (a) a product (other than tobacco) that is intended to supplement the
36 diet and that bears or contains one or more of the following dietary
37 ingredients: a vitamin, a mineral, an herb or other botanical, an amino
38 acid, a dietary substance for the use by a person to supplement the diet
39 by increasing the total daily intake, or a concentrate, metabolite,
40 constituent, extract, or combinations of these ingredients; (b) intended
41 for ingestion in pill, capsule, tablet, or liquid form; and (c) labeled
42 as a "dietary supplement" pursuant to the federal Dietary Supplement
43 Health and Education Act, 21 U.S.C. 321, as amended.
44 § 2. This act shall take effect January 1, 2018. The appointments
45 required to be made pursuant to subdivision 1 of section 25 of the
46 public health law, as added by section one of this act, shall be made on
47 or before such effective date.
