senate Bill S2377A

2013-2014 Legislative Session

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 26, 2014 referred to health
delivered to assembly
passed senate
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.99
Jan 08, 2014 referred to health
returned to senate
died in assembly
Jun 12, 2013 referred to health
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1240
committee discharged and committed to rules
May 24, 2013 print number 2377a
amend (t) and recommit to finance
May 07, 2013 reported and committed to finance
Jan 17, 2013 referred to health

Votes

view votes

Feb 4, 2014 - Health committee Vote

S2377A
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Jun 11, 2013 - Rules committee Vote

S2377A
20
0
committee
20
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 7, 2013 - Health committee Vote

S2377
13
0
committee
13
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 7, 2013

aye wr (2)
excused (1)

S2377 - Details

See Assembly Version of this Bill:
A4613A
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L; add §1311, Pub Health L

S2377 - Summary

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive.

S2377 - Sponsor Memo

S2377 - Bill Text download pdf

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

                                  2377

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale  and  promotional  distribution of products for human consumption
  containing DMAA

  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 article
13-C to read as follows:
                              ARTICLE 13-C
                           REGULATION OF DMAA
SECTION 1397.   DEFINITIONS.
        1397-A. SALE OR PROMOTIONAL DISTRIBUTION OF PRODUCTS  CONTAINING
                  DMAA.
        1397-B. ENFORCEMENT.
        1397-C. PENALTIES.
  S 1397. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "DMAA" MEANS ANY OF THE FOLLOWING SUBSTANCES:
  (A) 1, 3-DIMETHYLAMYLAMINE;
  (B) 4-METHYLHEXANE-2-AMINE (IUPAC);
  (C) DIMETHYLAMYLAMINE (DMAA);
  (D) METHYLHEXANAMINE; AND
  (E)  ANY  OTHER  SYNTHETIC  OR  MANUFACTURED DMAA AS PRESCRIBED BY THE
COMMISSIONER.
  2. "ENFORCEMENT OFFICER" MEANS THE BOARD OF HEALTH OF A COUNTY OR PART
COUNTY HEALTH DISTRICT ESTABLISHED PURSUANT TO TITLE  THREE  OF  ARTICLE
THREE OF THIS CHAPTER, OR IN THE ABSENCE THEREOF, AN OFFICER OF A COUNTY
DESIGNATED FOR SUCH PURPOSE BY RESOLUTION OF THE ELECTED COUNTY LEGISLA-
TURE  OR  BOARD OF SUPERVISORS. ANY SUCH DESIGNATION SHALL BE FILED WITH
THE COMMISSIONER WITHIN THIRTY DAYS AFTER ADOPTION AND SUCH  DESIGNATION
SHALL  TAKE EFFECT THIRTY DAYS AFTER SUCH FILING. IF NO SUCH DESIGNATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07852-01-3

S2377A (ACTIVE) - Details

See Assembly Version of this Bill:
A4613A
Law Section:
General Business Law
Laws Affected:
Add §391-s, Gen Bus L; add §1311, Pub Health L

S2377A (ACTIVE) - Summary

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive.

S2377A (ACTIVE) - Sponsor Memo

S2377A (ACTIVE) - Bill Text download pdf

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

                                 2377--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee and committed to the Committee on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law and the public health  law,  in
  relation  to  prohibiting sale and distribution of dietary supplements
  containing DMAA and foods containing an unsafe DMAA food additive

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

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S  391-S. DMAA DIETARY SUPPLEMENTS AND FOOD ADDITIVES; PROHIBITION. 1.
NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED  LIABIL-
ITY  COMPANY OR OTHER ENTITY SHALL SELL, OFFER TO SELL OR GIVE AWAY, FOR
EITHER RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, A  DIETARY  SUPPLEMENT
CONTAINING  ANY  QUANTITY  OF  DMAA, OR A FOOD CONTAINING AN UNSAFE DMAA
FOOD ADDITIVE.
  2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE  FOLLOW-
ING MEANINGS:
  (A) "DIETARY SUPPLEMENT" MEANS A PRODUCT (OTHER THAN TOBACCO) THAT (1)
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; (2) IS INTENDED FOR INGESTION IN PILL, CAPSULE,  TABLET  OR
LIQUID  FORM;  AND  (3) IS LABELED AS A "DIETARY SUPPLEMENT" PURSUANT TO
THE FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT, 21 U.S.C.  321,
AS AMENDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07852-06-3

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