Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Apr 27, 2009 |
referred to codes |
Senate Bill S4959
2009-2010 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
2009-S4959 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3310
- 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 Other Legislative Sessions:
-
2011-2012:
S407, A1842
2013-2014: S3135
2015-2016: S3427
2017-2018: S3359
2009-S4959 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4959 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 awareness 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 individuals 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.
2009-S4959 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4959 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ 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. LBD05650-01-9
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