senate Bill S3135

Prohibits the sale of over-the-counter weight loss supplements to minors and requires education to minors of the effects of weight loss supplements

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Sponsor

Bill Status


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

  • 30 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Prohibits the sale of over-the-counter weight loss supplements to minors and requires education to minors of the effects of weight loss supplements; requires store owners to post a sign of such prohibition.

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Bill Details

Versions:
S3135
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §260.21, Pen L; add §391-oo, Gen Bus L; add Art 13-I §§1399-xx & 1399-yy, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S407
2009-2010: S4959

Sponsor Memo

BILL NUMBER:S3135

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the sale of
over-the-counter weight loss supplements to minors and would require the
department of health to establish a weight loss supplement public aware-
ness program targeted to teenagers and pre-teenagers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 and the first closing paragraph of
section 260.21 of the penal law, and adds a new subdivision 4, to
include the sale of over-the-counter weight loss supplements as a class
B misdemeanor.

Section 2 adds a new section 391-00 to the general business law, which
prohibits the sale of over-the-counter weight loss supplements to indi-
viduals under eighteen years of age, as demonstrated by a driver's
license or other acceptable photographic identification. It also
requires businesses that sell such supplements to display a sign in a
conspicuous location stating that the sale of over-the-counter weight
loss supplements to persons under eighteen years of age is prohibited by
law.

Section 3 amends the public health law by adding a new article 13-1,
which prohibits the sale of over-the-counter weight loss supplements to
persons under eighteen years of age, and establishes a weight loss
supplement public awareness program. Subsection 1399-yy of article 13-1
directs the commissioner of the department of health to establish an
educational outreach program for weight loss supplement awareness by
providing for educational outreach services, in conjunction with the
department of education, directed at teenagers, pre-teenagers, parents,
siblings, teachers, guidance counselors, principals and superintendents.

Section 4 sets forth the effective date of the act.

JUSTIFICATION: Eating disorders overwhelmingly affect teenagers, with
40 to 60 percent of high school girls reporting that they diet regular-
ly. Recent reports also indicate that the growing public health epidem-
ic of eating disorders is not limited to older teens-30 to 40 percent of
junior high girls report that they worry about their weight, and chil-
dren as young as five or six years old have shown symptoms of disordered
eating. Many of these teens and pre-teens turn to over-the-counter
weight loss supplements in an attempt to lose weight. Unfortunately, it
is up to the consumer to determine how effective and safe these weight
loss supplements are. Dietary supplements and weight-loss aids are not
subject to the same rigorous standards by the Federal Drug Adminis-
tration (FDA) as are prescription drugs or medications sold over-the-

counter. These weight-loss supplements do not have to disclose a full
list of ingredients, and often trigger a host of harmful side effects,
including nausea, high blood pressure, diarrhea, indigestion, heart rate
irregularities, insomnia, vomiting, or worse. This "buyer beware" policy
is troublesome enough regarding adult consumers, but it is particularly
alarming with regard to teenagers and children. Warning labels on many
of these products alert that they are "for adult use only," or are "not
for use by individuals under 18 years of age," but yet there are no
regulations which restrict a retailer from selling these products to
children. While we protect our children from over-the-counter allergy
medications like Claritin, we allow unfettered access to untested
weight-loss supplements that could wreak potentially permanent damage on
their bodies. This legislation would address this problem by not only
making the sale of over-the-counter weight loss supplements to persons
younger than 18 a class B misdemeanor, but also by requiring retailers
selling these supplements to post in a conspicuous location a sign stat-
ing that selling over-the-counter weight loss supplements to persons
younger than 18 is a violation of state law. Further, this bill tackles
the root of the problem by addressing the demand for weight-loss supple-
ments in teenagers and pre-teens by establishing an education and aware-
ness program through the state Department of Health. Using a range of
media tools and in conjunction with the department of education, the
health department will raise public awareness of the risks associated
with use of over-the-counter weight loss supplements by young people.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law; provided,
however, that section three of this act shall take effect on the nineti-
eth 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.

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

                                  3135

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01337-01-3

S. 3135                             2

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.
  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:

S. 3135                             3

  (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.

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