Prohibits the sale of substances intended for human ingestion in capsules; makes an exception for prescription drugs; directs the commissioner of health to make regulations, including regulations for emergency exceptions and exceptions where heightened security measures are taken to ensure that the capsules have not been tampered with.
STATE OF NEW YORK
________________________________________________________________________
4518
2009-2010 Regular Sessions
IN ASSEMBLY
February 4, 2009
___________
Introduced by M. of A. BRODSKY, PHEFFER -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the sale of
certain substances in capsules
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
2 1356 to read as follows:
3 § 1356. Sale of certain substances in capsules. No substances
4 contained in capsules and intended for human ingestion shall be sold,
5 delivered, distributed, or otherwise furnished to any person. The
6 provisions of this section shall not apply to drugs for which a
7 prescription is required by the provisions of the Federal Food, Drug and
8 Cosmetic Act or by the commissioner. The commissioner shall promulgate
9 such rules and regulations as are necessary to carry out the provisions
10 of this section, including procedures for the making of exceptions to
11 this section where (i) such capsules are contained in a manner that it
12 will be clearly obvious to either the consumer at the time of selection
13 or to store personnel at the time of check-out, by means of the release
14 of microencapsulated dyes, the appearance of latent images, the breaking
15 of magnetic bands, or equally effective means, whether or not the
16 container has been opened, or (ii) such exception is reasonably neces-
17 sary, considering the economic and other consequences of the ban, but
18 considering public health and safety as the first priority, and where
19 the sale or distribution of such capsules may be made only under condi-
20 tions of increased security, including the storage of such items in
21 secure areas, as the commissioner may order.
22 § 2. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law; provided that the rules and regulations
24 necessary to the implementation of the provisions of this act shall be
25 promulgated and that any other measures so necessary shall be taken on
26 or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08216-01-9
