senate Bill S2446

Requires products sold as not safe for human consumption to be labeled with their ingredients and active chemical compounds

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Sponsor

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

  • 17 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Requires products sold as not safe for human consumption or not intended for human consumption to be labeled with their ingredients and active chemical compounds; violations of such provisions shall constitute a class A misdemeanor.

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Bill Details

See Assembly Version of this Bill:
A6609
Versions:
S2446
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
S7096A, A10447

Sponsor Memo

BILL NUMBER:S2446

TITLE OF BILL: An act to amend the general business law, in relation
to the sale and labeling of products not safe for human consumption

PURPOSE OR GENERAL IDEA OF BILL: This bill has the dual purpose of
closing a loop hole for enforcing the Federal Analog Act (21 U.S.C.
813) in New York State and also protects public safety. Many new
designer drugs label their products "not safe for human consumption"
to avoid enforcement under the restrictive requirements of the Analog
Act. However, they do not reveal what chemical compounds are being
used in their production, as responsible manufacturers already do.
When people axe hurt by these products, doctors and poison control are
inhibited in their care by being unable to pinpoint the poisoning
agent. This bill requires that products labeled "not safe for human
consumption" also state their ingredients and active chemicals.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends the general business
law by adding section 390-d which pertains to the sale of and labeling
of products not safe for human consumption. It requires products which
are not safe or unfit for human consumption to list conspicuously
ingredients and active chemical compounds.

JUSTIFICATION: This bill will help to put New York at the forefront
in the ongoing battle against designer drugs. Many designer drugs are
legal in New York and the United States, but many only through a
loophole in the Federal Analog Act which states that substances which
are not intended for human consumption. This legislation has a
threefold purpose:

(1) listing chemical compounds on even legal substances will help
emergency department doctors and poison control help treat individuals
who have overdosed or become hurt by designer drugs or other unsafe
products;

(2) if manufacturers of substances which may be legal because of the
Analog Act loophole decide to forgo the warning, it runs the risk of
being at odds with the Analog Act; and

(3) this legislation provides a less resource-intensive method of
removing these products from shelves because if the products either
(i) do not comply, or (ii) if the chemicals turn out to be different
than the ones stated, then the products must be removed from the
market.

This bill has been amended to increase the scope of its applicability
and add a penalty. The initial version amended the Agriculture and
Markets Law, the intent to the moving it to the General Business Law
is to have it apply not only to food products, but also to cosmetics,
cleaners, plant foods, or any other guise that the producers and
sellers of designer drugs may choose to avoid the law.

PRIOR LEGISLATIVE HISTORY: 2012 - S. 7096 - Agriculture

FISCAL IMPLICATIONS: None to the State.


EFFECTIVE DATE: This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  2446

                       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 Consumer Protection

AN ACT to amend the general business law, in relation to  the  sale  and
  labeling of products not safe for human consumption

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

  Section 1. The general business law is amended by adding a new section
390-d to read as follows:
  S 390-D. SALE AND LABELING OF PRODUCTS NOT SAFE FOR HUMAN CONSUMPTION.
1.  EVERY PRODUCT SOLD IN THIS STATE WHICH IS LABELED OR  THE  CONTAINER
OF  WHICH  IS LABELED "NOT SAFE FOR HUMAN CONSUMPTION", "UNFIT FOR HUMAN
CONSUMPTION" OR WITH SIMILAR LANGUAGE, AND EVERY PRODUCT  SOLD  IN  THIS
STATE  WHICH  IS  NOT  INTENDED FOR HUMAN CONSUMPTION SHALL HAVE A LABEL
AFFIXED THERETO, UPON WHICH THERE SHALL  BE  PLAINLY  AND  CONSPICUOUSLY
PRINTED  A  LIST  OF ALL INGREDIENTS AND ACTIVE CHEMICAL COMPOUNDS WHICH
COMPRISE SUCH PRODUCT IN LETTERS AND FIGURES COMMENSURATE WITH THE  SIZE
OF  THE  PRODUCT  OR  CONTAINER  AS SHALL BE DETERMINED AND FIXED BY THE
COMMISSIONER OF  AGRICULTURE  AND  MARKETS,  IN  CONSULTATION  WITH  THE
COMMISSIONER OF HEALTH.
  2.  THE  REQUIREMENTS  OF  THIS SECTION SHALL APPLY IN ADDITION TO ANY
OTHER LABELING REQUIREMENTS ESTABLISHED PURSUANT TO ANY OTHER  PROVISION
OF LAW.
  3. ANY VIOLATION OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
on  its effective date are authorized and directed to be completed on or
before such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06802-01-3

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