Provides that no person shall manufacture, sell or expose for sale any product which shall be termed as a dietary supplement or nutritional supplement without branding or labeling such product with a statement that the product has or has not been tested by the United States food and drug administration; provides that the commissioner of agriculture and markets shall promulgate rules and regulations defining the terms dietary supplement and nutritional supplement.
STATE OF NEW YORK
________________________________________________________________________
1481
2011-2012 Regular Sessions
IN SENATE
January 7, 2011
___________
Introduced by Sens. LAVALLE, GOLDEN, RANZENHOFER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Consumer Protection
AN ACT to amend the agriculture and markets law, in relation to the sale
of dietary or nutritional supplements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 214-m of the agriculture and markets law, as
2 amended by chapter 159 of the laws of 1994, is amended to read as
3 follows:
4 § 214-m. Labeling of certain food products. 1. If any person, firm,
5 corporation, partnership, association or any other business association
6 which processes, manufactures or imports food products has placed upon
7 or accompanying the shipping container, shipping case, pallet or invoice
8 of such food products, any information, whether in coded form or other-
9 wise, which specifies the expiration, "use by" date or similar date; or
10 the lot, batch, date of manufacture or processing or other information
11 regarding the identity of the food product; it shall be unlawful to
12 willfully alter, mutilate, destroy, obliterate or remove such informa-
13 tion other than in connection with the destruction of the entire ship-
14 ping container, shipping case, pallet or invoice. The provisions of this
15 section and any regulations promulgated hereunder shall not be deemed to
16 require any manufacturer, processor or importer of food products to so
17 label any food product prior to distribution in the state or to prevent
18 a manufacturer, processor or importer of food products from correcting
19 or causing to be corrected any of the information accompanying the ship-
20 ping container, shipping case, pallet or invoice. The provisions of this
21 section shall not affect any provision of federal, state or local law,
22 ordinance, rule or regulation regarding the placing of an expiration or
23 "use by" date on the retail container of any food product.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04227-01-1
S. 1481 2
1 2. No person shall manufacture, sell or expose for sale any product
2 which shall be termed as a dietary supplement or nutritional supplement
3 without branding or labeling such product with a statement which is
4 clearly discernible to a customer that the product has or has not been
5 tested by the United States food and drug administration. The terms
6 dietary supplement and nutritional supplement shall be defined by regu-
7 lations to be promulgated by the commissioner.
8 § 2. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law except that any rules or regulations neces-
10 sary for the timely implementation of the provisions of this act are
11 authorized and directed to be promulgated on or before such effective
12 date.
