senate Bill S1649

Requires products labeled as dietary supplements or nutritional supplements to carry a label stating that product has or has not been tested by United States FDA

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Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO AGRICULTURE
  • 12 / Mar / 2013
    • 1ST REPORT CAL.178
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A4885
Versions:
S1649
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §214-m, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1481, A1396
2009-2010: S1034, A2957
2007-2008: A2068

Votes

10
0
10
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S1649

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the sale of
dietary or nutritional supplements

SUMMARY OF PROVISIONS:
Adds a new § 2 to § 214-m of the Agriculture and Markets Law which
requires manufacturers and distributors of dietary and nutritional
supplements to clearly indicate on the package whether the product
has been tested by the FDA.

JUSTIFICATION:
Diet and nutritional supplements are being sold in pharmacies, grocery
stores, as well as health food establishments. Some manufacturers
voluntarily choose to have their products tested by the FDA to insure
the integrity of the product. Others do not.

This bill is intended to allow the consumer to know which products
have been tested so that a more informed choice can be made when
purchasing these various products. This bill deals only with the
analysis of the product for purity. It does not deal with any
medicinal attributes of the product.

LEGISLATIVE HISTORY:
2011-12 S.1481; 2009-10 S.1034; 2007-08, S.938; 2005-06, S.1095;
2003-04, S.1113; 2001-02, S .3106; 1999-2000. S.4909.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1649

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LAVALLE,  GOLDEN,  RANZENHOFER  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture

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:

  Section 1. Section 214-m  of  the  agriculture  and  markets  law,  as
amended  by  chapter  159  of  the  laws  of 1994, is amended to read as
follows:
  S 214-m. Labeling of certain food products.  1. If any  person,  firm,
corporation,  partnership, association or any other business association
which processes, manufactures or imports food products has  placed  upon
or accompanying the shipping container, shipping case, pallet or invoice
of  such food products, any information, whether in coded form or other-
wise, which specifies the expiration, "use by" date or similar date;  or
the  lot,  batch, date of manufacture or processing or other information
regarding the identity of the food product;  it  shall  be  unlawful  to
willfully  alter,  mutilate, destroy, obliterate or remove such informa-
tion other than in connection with the destruction of the  entire  ship-
ping container, shipping case, pallet or invoice. The provisions of this
section and any regulations promulgated hereunder shall not be deemed to
require  any  manufacturer, processor or importer of food products to so
label any food product prior to distribution in the state or to  prevent
a  manufacturer,  processor or importer of food products from correcting
or causing to be corrected any of the information accompanying the ship-
ping container, shipping case, pallet or invoice. The provisions of this
section shall not affect any provision of federal, state or  local  law,
ordinance,  rule or regulation regarding the placing of an expiration or
"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.
                                                           LBD06179-01-3

S. 1649                             2

  2.  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  WHICH  IS
CLEARLY  DISCERNIBLE  TO A CUSTOMER THAT THE PRODUCT HAS OR HAS NOT BEEN
TESTED  BY  THE  UNITED  STATES  FOOD AND DRUG ADMINISTRATION. THE TERMS
DIETARY SUPPLEMENT AND NUTRITIONAL SUPPLEMENT SHALL BE DEFINED BY  REGU-
LATIONS TO BE PROMULGATED BY THE COMMISSIONER.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law except that any rules or regulations neces-
sary for the timely implementation of the provisions  of  this  act  are
authorized  and  directed  to be promulgated on or before such effective
date.

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