S T A T E   O F   N E W   Y O R K
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    S. 3650                                                  A. 4700

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 8, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to
  the Committee on Health

AN  ACT  to  amend  the public health law, in relation to establishing a
  dietary supplements safety committee

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

  Section 1. The public health law is amended by adding a new section 23
to read as follows:
  S 23. DIETARY SUPPLEMENTS SAFETY COMMITTEE.  1. THERE IS HEREBY ESTAB-
LISHED  IN THE DEPARTMENT THE DIETARY SUPPLEMENTS SAFETY COMMITTEE TO BE
COMPOSED OF EIGHTEEN MEMBERS WHO SHALL BE  APPOINTED  IN  THE  FOLLOWING
MANNER:  THREE  SHALL  BE  APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE
SENATE; TWO SHALL BE APPOINTED BY THE MINORITY  LEADER  OF  THE  SENATE;
THREE  SHALL  BE  APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;  AND  EIGHT  SHALL  BE
APPOINTED  BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE THE CHAIRPERSON
OF THE COMMITTEE.  THE MEMBERS OF THE COMMITTEE SHALL BE  REPRESENTATIVE
OF  THE  PUBLIC HEALTH FIELD, HEALTH CARE SERVICES PROVIDERS, DIETICIANS
AND NUTRITIONISTS.  SUCH APPOINTING OFFICIALS SHALL  EITHER  REPLACE  OR
REAPPOINT  THE MEMBERS OF SUCH COMMITTEE FOR THREE YEAR TERMS, ACCORDING
TO THE FOLLOWING SCHEDULE:
  (A) EFFECTIVE JANUARY FIRST, TWO THOUSAND FIFTEEN: ANY THREE  ORIGINAL
APPOINTEES  OF  THE  GOVERNOR,  ONE  ORIGINAL APPOINTEE OF THE TEMPORARY
PRESIDENT OF THE SENATE, ONE ORIGINAL APPOINTEE OF THE  SPEAKER  OF  THE
ASSEMBLY  AND  ONE  ORIGINAL  APPOINTEE  OF  THE  MINORITY LEADER OF THE
SENATE;
  (B) EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN: ANY  THREE  OF  THE
REMAINING  ORIGINAL  APPOINTEES  OF  THE  GOVERNOR, ONE OF THE REMAINING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06170-01-3
              

S. 3650                             2                            A. 4700

ORIGINAL APPOINTEES OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE OF THE
REMAINING ORIGINAL APPOINTEES OF THE SPEAKER OF  THE  ASSEMBLY  AND  ONE
ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE ASSEMBLY;
  (C) EFFECTIVE JANUARY FIRST, TWO THOUSAND SEVENTEEN: THE TWO REMAINING
ORIGINAL APPOINTEES OF THE GOVERNOR, THE REMAINING ORIGINAL APPOINTEE OF
THE  TEMPORARY PRESIDENT OF THE SENATE, THE REMAINING ORIGINAL APPOINTEE
OF THE SPEAKER OF THE ASSEMBLY, THE REMAINING ORIGINAL APPOINTEE OF  THE
MINORITY  LEADER  OF  THE SENATE AND THE REMAINING ORIGINAL APPOINTEE OF
THE MINORITY LEADER OF THE ASSEMBLY;
  (D) REPLACEMENTS OR REAPPOINTMENTS THEREAFTER SHALL  BE  MADE  AT  THE
EXPIRATION  OF  THE  TERM OF EACH MEMBER, BY THE APPOINTING OFFICIAL WHO
ORIGINALLY APPOINTED SUCH MEMBER; AND
  (E) VACANCIES SHALL BE FILLED BY APPOINTMENT IN LIKE MANNER FOR  UNEX-
PIRED TERMS.
  2.  THE  COMMITTEE  SHALL  EVALUATE THE SAFETY AND EFFICACY OF DIETARY
SUPPLEMENTS AND ITS DUTIES SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE
FOLLOWING:
  (A)  ESTABLISH  A  SYSTEM  OF REPORTING ADVERSE EVENTS ASSOCIATED WITH
DIETARY SUPPLEMENTS AND SUPPORT VOLUNTARY REPORTING BY CONSUMERS, HEALTH
PRACTITIONERS AND OTHERS;
  (B) ASSESS AVAILABLE DATA AND MAKE  SPECIFIC  RECOMMENDATIONS  TO  THE
COMMISSIONER  REGARDING  BANNING THE SALE OF CERTAIN DIETARY SUPPLEMENTS
THE COMMITTEE DEEMS HARMFUL; AND
  (C) ESTABLISH A PUBLIC HEALTH EDUCATION CAMPAIGN  ON  DIETARY  SUPPLE-
MENTS, WITH VARIATIONS SPECIFICALLY DIRECTED TO TARGET DIFFERENT GROUPS.
  3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES A YEAR, AT THE
REQUEST OF THE CHAIRPERSON.
  4.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  5.  THE  COMMISSIONER  IS  HEREBY  AUTHORIZED  TO  BAN THE SALE OF ANY
DIETARY SUPPLEMENT SOLD OR OFFERED FOR SALE IN THIS STATE UPON RECOMMEN-
DATION BY THE COMMITTEE. ANY SUCH BAN MAY BE LIMITED IN ITS SCOPE TO BAN
THE SALE OF ANY SUCH SUPPLEMENT TO MINORS ONLY.
  6. FOR PURPOSES OF THIS SECTION, THE TERM "DIETARY  SUPPLEMENT"  MEANS
(A)  A  PRODUCT  (OTHER THAN TOBACCO) THAT IS INTENDED TO SUPPLEMENT THE
DIET AND THAT BEARS OR CONTAINS ONE OR MORE  OF  THE  FOLLOWING  DIETARY
INGREDIENTS:  A VITAMIN, A MINERAL, AN HERB OR OTHER BOTANICAL, AN AMINO
ACID, A DIETARY SUBSTANCE FOR THE USE BY A PERSON TO SUPPLEMENT THE DIET
BY INCREASING THE TOTAL DAILY  INTAKE,  OR  A  CONCENTRATE,  METABOLITE,
CONSTITUENT, EXTRACT, OR COMBINATIONS OF THESE INGREDIENTS; (B) INTENDED
FOR  INGESTION IN PILL, CAPSULE, TABLET, OR LIQUID FORM; AND (C) LABELED
AS A "DIETARY SUPPLEMENT" PURSUANT TO  THE  FEDERAL  DIETARY  SUPPLEMENT
HEALTH AND EDUCATION ACT, 21 U.S.C. 321, AS AMENDED.
  S  2.  This  act  shall  take effect January 1, 2014. The appointments
required to be made pursuant to subdivision  1  of  section  23  of  the
public health law, as added by section one of this act, shall be made on
or before such effective date.