S T A T E   O F   N E W   Y O R K
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                                  3310

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2009
                               ___________

Introduced  by  M.  of A. ROSENTHAL, CARROZZA, MARKEY, DINOWITZ, MAISEL,
  GUNTHER, JAFFEE, FIELDS, REILLY, STIRPE, CLARK,  SCHROEDER  --  Multi-
  Sponsored  by  --  M. of A.  BOYLAND, COLTON, GALEF, GREENE, JEFFRIES,
  JOHN, 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:

  Section  1.  Subdivision  3 and the first closing paragraph of section
260.21 of the penal law, as added by chapter 362 of the  laws  of  1992,
are amended and a new subdivision 4 is added to read as follows:
  3.  He  sells or causes to be sold tobacco in any form to a child less
than eighteen years old[.]; OR
  4. HE SELLS OR CAUSES TO BE SOLD OVER-THE-COUNTER WEIGHT LOSS  SUPPLE-
MENTS IN ANY FORM TO A CHILD LESS THAN EIGHTEEN YEARS OLD.
  It  is  no  defense  to a prosecution pursuant to subdivision three OR
FOUR of this section that the child acted as the agent or representative
of another person or that the defendant dealt with the child as such.
  S 2. The general business law is amended by adding a new section  391-
oo to read as follows:
  S  391-OO.  REGULATION  OF  OVER-THE-COUNTER  WEIGHT LOSS SUPPLEMENTS;
DISTRIBUTION TO MINORS PROHIBITED. 1. ANY PERSON OPERATING  A  PLACE  OF
BUSINESS  WHEREIN  OVER-THE-COUNTER  WEIGHT LOSS SUPPLEMENTS ARE SOLD OR
OFFERED FOR SALE IS PROHIBITED FROM SELLING SUCH PRODUCTS TO INDIVIDUALS
UNDER EIGHTEEN YEARS OF AGE, AND SHALL POST IN  A  CONSPICUOUS  PLACE  A
SIGN  UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATEMENT, "SALE
OF OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS TO  PERSONS  UNDER  EIGHTEEN
YEARS  OF  AGE  IS  PROHIBITED  BY LAW." SUCH SIGN SHALL BE PRINTED ON A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05650-01-9
              

A. 3310                             2

WHITE CARD IN RED LETTERS AT LEAST ONE-HALF INCH IN  HEIGHT.    SALE  OF
OVER-THE-COUNTER WEIGHT LOSS PRODUCTS IN SUCH PLACES, SHALL BE MADE ONLY
TO  AN  INDIVIDUAL WHO DEMONSTRATES, THROUGH A DRIVER'S LICENSE OR OTHER
PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A GOVERNMENT ENTITY OR EDUCA-
TIONAL  INSTITUTION,  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF
AGE. SUCH IDENTIFICATION NEED NOT BE  REQUIRED  OF  ANY  INDIVIDUAL  WHO
REASONABLY  APPEARS  TO  BE AT LEAST TWENTY-FIVE YEARS OF AGE, PROVIDED,
HOWEVER, THAT SUCH APPEARANCE SHALL NOT  CONSTITUTE  A  DEFENSE  IN  ANY
PROCEEDING  ALLEGING THE SALE OF AN OVER-THE-COUNTER WEIGHT LOSS SUPPLE-
MENT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
  2. OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS MEANS ANY PRODUCT INTENDED
FOR THE PURPOSE OF WEIGHT LOSS THAT ARE  SOLD  WITHOUT  THE  NEED  OF  A
PRESCRIPTION.
  S  3. The public health law is amended by adding a new article 13-I to
read as follows:
                              ARTICLE 13-I
         REGULATION OF OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS;
                    DISTRIBUTION TO MINORS PROHIBITED
SECTION 1399-XX. REGULATION OF OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS;
                   DISTRIBUTION TO MINORS PROHIBITED.
        1399-YY. WEIGHT LOSS SUPPLEMENT PUBLIC AWARENESS PROGRAM.
  S 1399-XX. REGULATION OF  OVER-THE-COUNTER  WEIGHT  LOSS  SUPPLEMENTS;
DISTRIBUTION  TO  MINORS  PROHIBITED. 1. ANY PERSON OPERATING A PLACE OF
BUSINESS WHEREIN OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS  ARE  SOLD  OR
OFFERED FOR SALE IS PROHIBITED FROM SELLING SUCH PRODUCTS TO INDIVIDUALS
UNDER  EIGHTEEN  YEARS  OF  AGE, AND SHALL POST IN A CONSPICUOUS PLACE A
SIGN UPON WHICH THERE SHALL BE IMPRINTED THE FOLLOWING STATEMENT,  "SALE
OF  OVER-THE-COUNTER  WEIGHT  LOSS SUPPLEMENTS TO PERSONS UNDER EIGHTEEN
YEARS OF AGE IS PROHIBITED BY LAW." SUCH SIGN  SHALL  BE  PRINTED  ON  A
WHITE  CARD  IN  RED  LETTERS  AT LEAST ONE-HALF INCH IN HEIGHT. SALE OF
OVER-THE-COUNTER WEIGHT LOSS PRODUCTS IN SUCH PLACES, SHALL BE MADE ONLY
TO AN INDIVIDUAL WHO DEMONSTRATES, THROUGH A DRIVER'S LICENSE  OR  OTHER
PHOTOGRAPHIC IDENTIFICATION CARD ISSUED BY A GOVERNMENT ENTITY OR EDUCA-
TIONAL  INSTITUTION,  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF
AGE. SUCH IDENTIFICATION NEED NOT BE  REQUIRED  OF  ANY  INDIVIDUAL  WHO
REASONABLY  APPEARS  TO  BE AT LEAST TWENTY-FIVE YEARS OF AGE, PROVIDED,
HOWEVER, THAT SUCH APPEARANCE SHALL NOT  CONSTITUTE  A  DEFENSE  IN  ANY
PROCEEDING  ALLEGING THE SALE OF AN OVER-THE-COUNTER WEIGHT LOSS SUPPLE-
MENT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
  2. OVER-THE-COUNTER WEIGHT LOSS SUPPLEMENTS MEANS ANY PRODUCT INTENDED
FOR THE PURPOSE OF WEIGHT LOSS THAT ARE  SOLD  WITHOUT  THE  NEED  OF  A
PRESCRIPTION.
  S  1399-YY.  WEIGHT  LOSS  SUPPLEMENT  PUBLIC  AWARENESS  PROGRAM. THE
COMMISSIONER SHALL ESTABLISH A WEIGHT LOSS SUPPLEMENT  PUBLIC  AWARENESS
PROGRAM.  1.  THE  COMMISSIONER  SHALL ESTABLISH AN EDUCATIONAL OUTREACH
PROGRAM FOR WEIGHT LOSS SUPPLEMENT AWARENESS  BY  PROVIDING  FOR  EDUCA-
TIONAL OUTREACH SERVICES TO TEENAGERS, PRE-TEENAGERS, PARENTS, SIBLINGS,
TEACHERS, GUIDANCE COUNSELORS, PRINCIPALS AND SUPERINTENDENTS.
  2.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF SUCH OUTREACH PROGRAM, AND SHALL BE DESIGNED TO PROMOTE:
  (A) INCREASED AWARENESS OF  THE  RISKS  ASSOCIATED  WITH  WEIGHT  LOSS
SUPPLEMENTS  BY  PERSONS UNDER THE AGE OF EIGHTEEN WITHOUT THE CONSULTA-
TION OF A LICENSED PHYSICIAN; AND
  (B) COORDINATION OF PUBLIC AND PRIVATE EFFORTS TO PROVIDE  EDUCATIONAL
OUTREACH PROGRAMS TO MINORS, PARENTS AND EDUCATORS.

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  3.  THE  FOLLOWING STRATEGIES MAY BE USED TO RAISE PUBLIC AWARENESS OF
THE RISKS ASSOCIATED  WITH  THE  USE  OF  OVER-THE-COUNTER  WEIGHT  LOSS
SUPPLEMENTS BY PERSONS UNDER THE AGE OF EIGHTEEN:
  (A)  OUTREACH  CAMPAIGN  UTILIZING  PRINT, RADIO AND TELEVISION PUBLIC
SERVICE ANNOUNCEMENTS, ADVERTISEMENTS, POSTERS AND OTHER MATERIALS;
  (B) COMMUNITY FORUMS; AND
  (C) HEALTH INFORMATION AND RISK-FACTOR ASSESSMENTS AT PUBLIC EVENTS.
  4. THE DEPARTMENT OF EDUCATION SHALL  ASSIST  THE  DEPARTMENT  IN  THE
DISTRIBUTION OF INFORMATION FOR THE WEIGHT LOSS SUPPLEMENT PUBLIC AWARE-
NESS PROGRAM AS ESTABLISHED BY THIS SECTION.
  S 4. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that section three of this act shall take effect on  the  ninetieth  day
after  it  shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule  or  regulation  necessary  for  the
implementation  of  this  act on its effective date are authorized to be
made and completed.