S T A T E   O F   N E W   Y O R K
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                                  4905

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by M. of A. ORTIZ, ROBINSON, RIVERA -- Multi-Sponsored by --
  M. of A. CYMBROWITZ, GALEF, HOOPER, PERRY -- read once and referred to
  the Committee 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.
                                                           LBD08650-01-3

              

A. 4905                             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.