senate Bill S2377

Amended

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive

download pdf

Sponsor

Bill Status


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

actions

  • 17 / Jan / 2013
    • REFERRED TO HEALTH
  • 07 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 24 / May / 2013
    • PRINT NUMBER 2377A
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1240
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 04 / Feb / 2014
    • 1ST REPORT CAL.99
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 26 / Mar / 2014
    • PASSED SENATE
  • 26 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 26 / Mar / 2014
    • REFERRED TO HEALTH

Summary

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4613
Versions:
S2377
S2377A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add Art 13-C ยงยง1397 - 1397-c, Pub Health L

Votes

13
0
13
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S2377

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting the sale and
promotional distribution of products for human consumption containing
DMAA

PURPOSE: The purpose of this bill is to prohibit the
sale or gift of
DMAA used for human consumption either at retail, wholesale, or to be
used for promotional purposes. DMAA is a synthetic or manufactured
chemical compound that is intended to synthesize chemical compounds
that are allegedly contained naturally in geranium plants. These
synthetic or manufactured geranium products are incorporated into
certain dietary supplements, but have been demonstrated to be harmful
to some of those who have consumed them. This bill bans the sale of
such dietary supplements that contain DMAA.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Article 13-C to the Public Health Law to
regulate and ban the sale of DMAA. DMAA, as defined under this bill,
means any of the prescribed chemicals contained in dietary
supplements which are synthetically made chemical compounds that are
designed to replicate chemical compounds that are allegedly contained
naturally in geranium plants. DMAA stands for the class of chemicals
that are of the Dimethylamylamine class or its derivatives.

The bill authorizes the NYS Department of Health, and local county
health departments that exist in designated counties that carry out
the duties of the NYS Health Department and state law, to enforce the
provisions of this act. Enforcement would be accomplished as is the
case with other violations of the public health law.

If a public health inspector finds a violation of this act or a
citizen brings the possibility of such a violation to the attention
of the public health inspector, who then deems that the act has been
violated, then such suspected violator will be cited. Upon citation,
an administrative hearing will be conducted to determine if the act
was violated and a fine assessed. As with any administrative hearing
determination, such determination can be reviewed in Supreme Court
pursuant to an Article 78 proceeding.

Section 2: The effective date is immediate.

JUSTIFICATION: In April 2012, the Food and Drug
Administration (FDA)
sent a letter of warning to ten manufacturers of dietary supplements,
telling them that the agency did not consider the chemical DMAA,
which can also be known as 1,3-dimethylamylamine or
methylhexaneamine, to be a true dietary ingredient and that those
companies had failed to prove that this chemical is safe for human
consumption. This action came after the FDA had received forty-two
different reports of possible adverse health effects linked to
products containing DMAA. These adverse effects included cardiac,


nervous, and psychiatric disorders and also possible fatalities. The
US military pulled all products containing DMAA from its PX stores in
December of 2011 after reports linked DMAA containing products to the
deaths of two servicemen. Authorities in Canada, the United Kingdom,
Australia, and New Zealand have all taken action to curtail or ban
the sale of products, such as dietary supplements, that contain DMAA.

DMAA is known to mimic the functions of adrenaline in the human body.
It acts to constrict blood vessels, increasing blood pressure and
increasing awareness and focus, which is why it is commonly used as
an aide to lengthen and enhance exercise sessions. Its effects are
similar to the now banned supplement Ephedra. In fact, DMAA is used
as a substitute for Ephedra by multiple supplements' manufacturers.
DMAA containing products are marketed as energy boosters and sold as
supplements for individuals engaging in heavy and strenuous
exercises, such as body building. The chemical was first patented
back in 1944 as a possible nasal decongestant, but by the late 1970's
had been pulled from the shelves as the regulations on
pharmaceuticals and other drugs were tightened. All the DMAA used
today is manufactured. Dietary supplement manufacturers claim that
these chemicals are similar to ones that could be found naturally
occurring in geranium extracts and commonly market them as natural
geranium products. As noted before though, these chemicals are not
extracted from geraniums and the only documentation used by
manufacturers as proof of their claims is a single study in a now
defunct journal from the mid-1990's.

The reality is that DMAA is not a 'natural' substance, but a synthetic
chemical that exhibits many of the same dangers to humans as was
found to be the case with the now banned Ephedra. This is why the US
military, the FDA, and health authorities in several other countries
have taken action to protect the public from the possible dangers of
this chemical.

It is ironic that these questionable and potentially dangerous dietary
supplements are being purchased by persons who are attempting to
enhance their physical well being and health. New York State should
not lag behind in its actions to protect our residents from this
dangerous substance.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediate.

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

                                  2377

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale  and  promotional  distribution of products for human consumption
  containing DMAA

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
13-C to read as follows:
                              ARTICLE 13-C
                           REGULATION OF DMAA
SECTION 1397.   DEFINITIONS.
        1397-A. SALE OR PROMOTIONAL DISTRIBUTION OF PRODUCTS  CONTAINING
                  DMAA.
        1397-B. ENFORCEMENT.
        1397-C. PENALTIES.
  S 1397. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "DMAA" MEANS ANY OF THE FOLLOWING SUBSTANCES:
  (A) 1, 3-DIMETHYLAMYLAMINE;
  (B) 4-METHYLHEXANE-2-AMINE (IUPAC);
  (C) DIMETHYLAMYLAMINE (DMAA);
  (D) METHYLHEXANAMINE; AND
  (E)  ANY  OTHER  SYNTHETIC  OR  MANUFACTURED DMAA AS PRESCRIBED BY THE
COMMISSIONER.
  2. "ENFORCEMENT OFFICER" MEANS THE BOARD OF HEALTH OF A COUNTY OR PART
COUNTY HEALTH DISTRICT ESTABLISHED PURSUANT TO TITLE  THREE  OF  ARTICLE
THREE OF THIS CHAPTER, OR IN THE ABSENCE THEREOF, AN OFFICER OF A COUNTY
DESIGNATED FOR SUCH PURPOSE BY RESOLUTION OF THE ELECTED COUNTY LEGISLA-
TURE  OR  BOARD OF SUPERVISORS. ANY SUCH DESIGNATION SHALL BE FILED WITH
THE COMMISSIONER WITHIN THIRTY DAYS AFTER ADOPTION AND SUCH  DESIGNATION
SHALL  TAKE EFFECT THIRTY DAYS AFTER SUCH FILING. IF NO SUCH DESIGNATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07852-01-3

S. 2377                             2

IS MADE, THE COUNTY SHALL BE DEEMED TO HAVE DESIGNATED THE DEPARTMENT AS
ITS ENFORCEMENT OFFICER. THE ENFORCEMENT OFFICER SHALL HAVE SOLE  JURIS-
DICTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE ON A COUNTYWIDE BASIS.
  S  1397-A.  SALE  OR  PROMOTIONAL  DISTRIBUTION OF PRODUCTS CONTAINING
DMAA. NO PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY  OR  OTHER  ENTITY  SHALL SELL, OFFER TO SELL OR GIVE
AWAY, AT EITHER RETAIL, WHOLESALE,  OR  FOR  PROMOTIONAL  PURPOSES,  ANY
PRODUCT FOR HUMAN CONSUMPTION WHICH CONTAINS DMAA.
  S 1397-B. ENFORCEMENT. 1. IF THE ENFORCEMENT OFFICER DETERMINES, AFTER
A  HEARING,  THAT A VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-SEVEN-A
OF THIS ARTICLE HAS OCCURRED, A CIVIL PENALTY  MAY  BE  IMPOSED  BY  THE
ENFORCEMENT  OFFICER PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-SEVEN-C
OF THIS ARTICLE. WHEN THE ENFORCEMENT OFFICER IS THE  COMMISSIONER,  THE
HEARING  SHALL  BE  CONDUCTED  PURSUANT  TO  THE  PROVISIONS  OF SECTION
TWELVE-A OF THIS CHAPTER. WHEN THE ENFORCEMENT OFFICER  IS  A  BOARD  OF
HEALTH  OR AN OFFICER DESIGNATED TO ENFORCE THE PROVISIONS OF THIS ARTI-
CLE, THE HEARING SHALL BE CONDUCTED PURSUANT TO PROCEDURES SET FORTH  IN
THE  COUNTY SANITARY CODE, OR IN THE ABSENCE THEREOF, PURSUANT TO PROCE-
DURES ESTABLISHED BY THE ELECTED COUNTY LEGISLATURE OR BOARD OF SUPERVI-
SORS. NO OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED,  PROVIDED  THAT
NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN ENFORCEMENT
OFFICER FROM COMMENCING A PROCEEDING FOR  INJUNCTIVE  RELIEF  TO  COMPEL
COMPLIANCE WITH THIS ARTICLE.
  2.  ANY  PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  3. ANY PERSON AGGRIEVED BY THE DECISION  OF  AN  ENFORCEMENT  OFFICER,
OTHER  THAN  THE  COMMISSIONER, MAY APPEAL TO THE COMMISSIONER TO REVIEW
SUCH DECISION WITHIN THIRTY DAYS OF SUCH DECISION. THE DECISION  OF  ANY
ENFORCEMENT   OFFICER   SHALL   BE   REVIEWABLE   PURSUANT   TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  4. THE ENFORCEMENT OFFICER,  SUBSEQUENT  TO  ANY  APPEAL  HAVING  BEEN
FINALLY  DETERMINED,  MAY  BRING  AN ACTION TO RECOVER THE CIVIL PENALTY
PROVIDED IN SECTION THIRTEEN HUNDRED NINETY-SEVEN-C OF THIS  ARTICLE  IN
ANY COURT OF COMPETENT JURISDICTION.
  S 1397-C. PENALTIES. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A
VIOLATION  OF  THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN
SUBDIVISION ONE OF SECTION TWELVE OF THIS CHAPTER. ANY OTHER ENFORCEMENT
OFFICER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN
AMOUNT NOT TO EXCEED THAT SET FORTH IN PARAGRAPH F OF SUBDIVISION ONE OF
SECTION THREE HUNDRED NINE OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.