senate Bill S407

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

S407 - Bill Details

See Assembly Version of this Bill:
A1842
Current Committee:
Senate Rules
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 2009-2010 Legislative Session:
S4959, A3310

S407 - Bill Texts

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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 NUMBER:S407

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.

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 regularly. Recent reports also indicate that the growing
public health epidemic 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 children 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 Administration (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 stating 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 supplements in teenagers and pre-teens by
establishing an education and awareness 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 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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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   407

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00850-01-1

S. 407                              2

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 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.

S. 407                              3

  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:
  (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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