Assembly Bill A7627

2009-2010 Legislative Session

Provides that school district employees shall not knowingly sell, market, provide, distribute, endorse or recommend the use of certain dietary supplements

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	held for consideration in education
Jan 06, 2010	referred to education
Apr 17, 2009	referred to education

2009-A7627 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Add §3036, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1550
2013-2014: A4905
2015-2016: A8325
2017-2018: A4535
2019-2020: A6878

2009-A7627 (ACTIVE) - Summary

Provides school district employees shall not knowingly sell, market, provide, distribute, endorse or recommend the use of certain dietary supplements.

2009-A7627 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7627

TITLE  OF  BILL:    An  act  to  amend the education law, in relation to
dietary supplements

PURPOSE OF BILL: To prevent school employees from selling or  recommend-
ing dietary supplements to students and require schools to warn students
of the risks of certain supplements.

SUMMARY  OF  SPECIFIC  PROVISIONS:  Prohibits  coaches  and other school
employees from selling, distributing or endorsing  the  use  of  dietary
supplements except as part of their official duties. Requires the Educa-
tion  Department  to  develop  information  to distribute to schools for
coaches, health and physical education teachers, nurses  and  others  to
use in warning about risks from certain supplements.

EFFECTS  OF  PRESENT LAW WHICH THIS BILL WOULD ALTER:  Amends the Educa-
tion Law by adding a new section 3036.

JUSTIFICATION: Federal law defines dietary supplements  as  any  product
taken  by mouth intended to supplement the diet with ingredients such as
vitamins, minerals, herbs, metabolites and amino acids. Currently, near-
ly 160  million  Americans,  including  children  and  adolescents,  use
dietary  supplements, which generate over S17 billion in annual sales in
the U.S.

In 1994 the federal Dietary Supplement and Health Education Act  (DSHEA)
was  passed  which  allowed  the  sale of supplements without pre-market
reviews and permitted health claims on labels with 30  day's  notice  to
the federal Food and Drug Administration (FDA). The burden is on the FDA
to  prove  a  dietary  supplement is unsafe or ineffective as opposed to
drugs that  require  pre-market  safety  reviews  and  lengthy  research
studies to prove they work.

Dietary  supplements, mostly herbal products, have been marketed to burn
fat, build muscle, improve concentration, enhance body parts and improve
or enhance physical, mental or emotional well-being. Much confusion  and
controversy  exists  over  the  safety  of certain supplements and their
effectiveness.  Teenagers  are  especially  susceptible  to  claims  for
improved appearance, muscle building and weight loss.

There  have been several high profile deaths and disability of teenagers
and young adults after using certain supplements. The National  Football
League has banned some supplements. Despite this there have been reports
of  high school coaches encouraging or ignoring the use of these supple-
ments by students.

School employees have no reason to be selling, distributing or endorsing
any  dietary  supplements  to  students  except  perhaps  school  nurses
dispensing  or  recommending  vitamins or health teachers discussing the
importance  of  good  nutrition.  School  employees  should  be  warning

students  about  the dangers of using supplements that may be attractive
to young people but are not strictly regulated and may be dangerous.

LEGISLATIVE HISTORY: 2003-04 A2799A Passed Assembly, Ref to Senate rules
2005/2006-  A.4307-a:  Referred to rules 2007/08 - A4014 - ref to educa-
tion

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None

EFFECTIVE DATE: 120 days after becoming law.

2009-A7627 (ACTIVE) - Bill Text download pdf

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

                                  7627

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2009
                               ___________

Introduced  by  M.  of  A. ORTIZ, PHEFFER, ROBINSON, J. RIVERA -- Multi-
  Sponsored by -- M. of A.   CYMBROWITZ, GALEF, GREENE,  HOOPER,  MAYER-
  SOHN, PERRY, P. RIVERA, TOWNS -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in relation to dietary supplements

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

  Section 1. The education law is amended by adding a new  section  3036
to read as follows:
  S  3036.  SALE  AND  ENDORSEMENT  OF  DIETARY  SUPPLEMENTS.  NO SCHOOL
DISTRICT EMPLOYEE SHALL SELL, MARKET, PROVIDE,  DISTRIBUTE,  ENDORSE  OR
RECOMMEND, EXCEPT WHEN PART OF HIS OR HER REQUIRED DUTIES, SUCH AS NURS-
ING  OR  MEDICAL  DUTIES  REQUIRING  THE  PROVISION  OF  SUPPLEMENTS  AS
PRESCRIBED BY A STUDENT'S MEDICAL PROVIDER,  CLASSROOM  TEACHING  DUTIES
RELATED  TO  SUPPLEMENTS  THAT  MAY  INCLUDE  RECOMMENDATIONS OF CERTAIN
SUPPLEMENTS, AND ANY OTHER REQUIRED DUTIES APPROVED BY  THE  DEPARTMENT,
THE  USE OF DIETARY SUPPLEMENTS, INCLUDING, BUT NOT LIMITED TO VITAMINS,
MINERALS, HERBS OR OTHER BOTANICALS, AND AMINO ACIDS,  OR  CONCENTRATES,
METABOLITES,  CONSTITUENTS,  EXTRACTS, OR COMBINATIONS OF THESE INGREDI-
ENTS, INTENDED FOR INGESTION IN PILL, CAPSULE, TABLET,  OR  LIQUID  FORM
AND  NOT  REPRESENTED FOR USE AS A CONVENTIONAL FOOD OR AS THE SOLE ITEM
OF A MEAL OR DIET AND LABELED AS A DIETARY SUPPLEMENT, AS DEFINED  UNDER
THE FEDERAL FOOD, DRUG AND COSMETIC ACT, TO ANY STUDENT.  THE DEPARTMENT
SHALL  DEVELOP  REGULATIONS  TO INFORM SCHOOLS AND THEIR EMPLOYEES ABOUT
THE RESTRICTIONS, AND  EXCEPTIONS,  ON  SELLING,  MARKETING,  PROVIDING,
DISTRIBUTING, ENDORSING OR RECOMMENDING DIETARY SUPPLEMENTS TO STUDENTS.
THE  DEPARTMENT  SHALL DEVELOP AND DISTRIBUTE TO ALL SCHOOLS INFORMATION
ABOUT THE POTENTIAL RISKS  OF  USING  CERTAIN  DIETARY  SUPPLEMENTS  FOR
ENHANCED  ATHLETIC  PERFORMANCE,  MUSCLE  GROWTH,  WEIGHT LOSS AND OTHER
SIMILAR PURPOSES. SUCH INFORMATION SHALL BE USED BY COACHES, HEALTH  AND
PHYSICAL  EDUCATION TEACHERS, NURSES AND OTHER SCHOOL DISTRICT EMPLOYEES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10976-01-9

A. 7627                             2

TO INFORM STUDENTS, AND THEIR PARENTS, ABOUT THE POTENTIAL RISKS ASSOCI-
ATED WITH SUCH DIETARY SUPPLEMENTS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly  the  commissioner of education is authorized and directed to promul-
gate any rule or regulation or to take any  other  necessary  action  to
ensure the timely implementation of this act on its effective date.

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Assembly Bill A7627

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Archive: Last Bill Status - In Assembly Committee

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2009-A7627 (ACTIVE) - Details

2009-A7627 (ACTIVE) - Summary

2009-A7627 (ACTIVE) - Sponsor Memo

2009-A7627 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - In Assembly Committee

Actions

2009-A7627 (ACTIVE) - Details

2009-A7627 (ACTIVE) - Summary

2009-A7627 (ACTIVE) - Sponsor Memo

2009-A7627 (ACTIVE) - Bill Text download pdf

Comments