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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Sponsored By

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

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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

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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)

Bill Amendments

Original
A (Active)
Original
A (Active)

S2377 - Bill Details

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

S2377 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2377

TITLE OF BILL:
An act
to amend the public health law, in relation to prohibiting the sale and
promotional distribution of products for human consumption containing
DMAA

PURPOSE: The purpose of this bill is to prohibit the
sale or gift of
DMAA used for human consumption either at retail, wholesale, or to be
used for promotional purposes. DMAA is a synthetic or manufactured
chemical compound that is intended to synthesize chemical compounds
that are allegedly contained naturally in geranium plants. These
synthetic or manufactured geranium products are incorporated into
certain dietary supplements, but have been demonstrated to be harmful
to some of those who have consumed them. This bill bans the sale of
such dietary supplements that contain DMAA.

SUMMARY OF PROVISIONS:

Section 1: Adds a new Article 13-C to the Public Health Law to
regulate and ban the sale of DMAA. DMAA, as defined under this bill,
means any of the prescribed chemicals contained in dietary
supplements which are synthetically made chemical compounds that are
designed to replicate chemical compounds that are allegedly contained
naturally in geranium plants. DMAA stands for the class of chemicals
that are of the Dimethylamylamine class or its derivatives.

The bill authorizes the NYS Department of Health, and local county
health departments that exist in designated counties that carry out
the duties of the NYS Health Department and state law, to enforce the
provisions of this act. Enforcement would be accomplished as is the
case with other violations of the public health law.

If a public health inspector finds a violation of this act or a
citizen brings the possibility of such a violation to the attention
of the public health inspector, who then deems that the act has been
violated, then such suspected violator will be cited. Upon citation,
an administrative hearing will be conducted to determine if the act
was violated and a fine assessed. As with any administrative hearing
determination, such determination can be reviewed in Supreme Court
pursuant to an Article 78 proceeding.

Section 2: The effective date is immediate.

JUSTIFICATION: In April 2012, the Food and Drug
Administration (FDA)
sent a letter of warning to ten manufacturers of dietary supplements,
telling them that the agency did not consider the chemical DMAA,
which can also be known as 1,3-dimethylamylamine or
methylhexaneamine, to be a true dietary ingredient and that those
companies had failed to prove that this chemical is safe for human
consumption. This action came after the FDA had received forty-two
different reports of possible adverse health effects linked to
products containing DMAA. These adverse effects included cardiac,


nervous, and psychiatric disorders and also possible fatalities. The
US military pulled all products containing DMAA from its PX stores in
December of 2011 after reports linked DMAA containing products to the
deaths of two servicemen. Authorities in Canada, the United Kingdom,
Australia, and New Zealand have all taken action to curtail or ban
the sale of products, such as dietary supplements, that contain DMAA.

DMAA is known to mimic the functions of adrenaline in the human body.
It acts to constrict blood vessels, increasing blood pressure and
increasing awareness and focus, which is why it is commonly used as
an aide to lengthen and enhance exercise sessions. Its effects are
similar to the now banned supplement Ephedra. In fact, DMAA is used
as a substitute for Ephedra by multiple supplements' manufacturers.
DMAA containing products are marketed as energy boosters and sold as
supplements for individuals engaging in heavy and strenuous
exercises, such as body building. The chemical was first patented
back in 1944 as a possible nasal decongestant, but by the late 1970's
had been pulled from the shelves as the regulations on
pharmaceuticals and other drugs were tightened. All the DMAA used
today is manufactured. Dietary supplement manufacturers claim that
these chemicals are similar to ones that could be found naturally
occurring in geranium extracts and commonly market them as natural
geranium products. As noted before though, these chemicals are not
extracted from geraniums and the only documentation used by
manufacturers as proof of their claims is a single study in a now
defunct journal from the mid-1990's.

The reality is that DMAA is not a 'natural' substance, but a synthetic
chemical that exhibits many of the same dangers to humans as was
found to be the case with the now banned Ephedra. This is why the US
military, the FDA, and health authorities in several other countries
have taken action to protect the public from the possible dangers of
this chemical.

It is ironic that these questionable and potentially dangerous dietary
supplements are being purchased by persons who are attempting to
enhance their physical well being and health. New York State should
not lag behind in its actions to protect our residents from this
dangerous substance.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediate.

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                    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

S. 2377                             2

IS MADE, THE COUNTY SHALL BE DEEMED TO HAVE DESIGNATED THE DEPARTMENT AS
ITS ENFORCEMENT OFFICER. THE ENFORCEMENT OFFICER SHALL HAVE SOLE  JURIS-
DICTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE ON A COUNTYWIDE BASIS.
  S  1397-A.  SALE  OR  PROMOTIONAL  DISTRIBUTION OF PRODUCTS CONTAINING
DMAA. NO PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY  OR  OTHER  ENTITY  SHALL SELL, OFFER TO SELL OR GIVE
AWAY, AT EITHER RETAIL, WHOLESALE,  OR  FOR  PROMOTIONAL  PURPOSES,  ANY
PRODUCT FOR HUMAN CONSUMPTION WHICH CONTAINS DMAA.
  S 1397-B. ENFORCEMENT. 1. IF THE ENFORCEMENT OFFICER DETERMINES, AFTER
A  HEARING,  THAT A VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-SEVEN-A
OF THIS ARTICLE HAS OCCURRED, A CIVIL PENALTY  MAY  BE  IMPOSED  BY  THE
ENFORCEMENT  OFFICER PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-SEVEN-C
OF THIS ARTICLE. WHEN THE ENFORCEMENT OFFICER IS THE  COMMISSIONER,  THE
HEARING  SHALL  BE  CONDUCTED  PURSUANT  TO  THE  PROVISIONS  OF SECTION
TWELVE-A OF THIS CHAPTER. WHEN THE ENFORCEMENT OFFICER  IS  A  BOARD  OF
HEALTH  OR AN OFFICER DESIGNATED TO ENFORCE THE PROVISIONS OF THIS ARTI-
CLE, THE HEARING SHALL BE CONDUCTED PURSUANT TO PROCEDURES SET FORTH  IN
THE  COUNTY SANITARY CODE, OR IN THE ABSENCE THEREOF, PURSUANT TO PROCE-
DURES ESTABLISHED BY THE ELECTED COUNTY LEGISLATURE OR BOARD OF SUPERVI-
SORS. NO OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED,  PROVIDED  THAT
NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN ENFORCEMENT
OFFICER FROM COMMENCING A PROCEEDING FOR  INJUNCTIVE  RELIEF  TO  COMPEL
COMPLIANCE WITH THIS ARTICLE.
  2.  ANY  PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  3. ANY PERSON AGGRIEVED BY THE DECISION  OF  AN  ENFORCEMENT  OFFICER,
OTHER  THAN  THE  COMMISSIONER, MAY APPEAL TO THE COMMISSIONER TO REVIEW
SUCH DECISION WITHIN THIRTY DAYS OF SUCH DECISION. THE DECISION  OF  ANY
ENFORCEMENT   OFFICER   SHALL   BE   REVIEWABLE   PURSUANT   TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  4. THE ENFORCEMENT OFFICER,  SUBSEQUENT  TO  ANY  APPEAL  HAVING  BEEN
FINALLY  DETERMINED,  MAY  BRING  AN ACTION TO RECOVER THE CIVIL PENALTY
PROVIDED IN SECTION THIRTEEN HUNDRED NINETY-SEVEN-C OF THIS  ARTICLE  IN
ANY COURT OF COMPETENT JURISDICTION.
  S 1397-C. PENALTIES. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A
VIOLATION  OF  THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN
SUBDIVISION ONE OF SECTION TWELVE OF THIS CHAPTER. ANY OTHER ENFORCEMENT
OFFICER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN
AMOUNT NOT TO EXCEED THAT SET FORTH IN PARAGRAPH F OF SUBDIVISION ONE OF
SECTION THREE HUNDRED NINE OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

S2377A (ACTIVE) - Bill Details

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

S2377A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2377A

TITLE OF BILL:
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

PURPOSE: The purpose of this bill is to prohibit the
sale or gift of
DMAA used for human consumption either at retail, wholesale, or to be
used for promotional purposes. DMAA is a synthetic or manufactured
chemical compound that is intended to synthesize chemical compounds
that are allegedly contained naturally in geranium plants. These
synthetic or manufactured Geranium products are incorporated into
certain dietary supplements, but have been demonstrated to be harmful
to some of those who have consumed them. This bill bans the sale of
such dietary supplements that contain DMAA.

SUMMARY OF PROVISIONS:

Section 1: Adds a new section 391-s to the General Business Law.

This new section bans the sale or give away for promotional purposes
of any dietary supplements containing DMAA or any food product
containing an unsafe DMAA food additive in New York by any entity.
The section also defines these terms and establishes that this ban
shall be enforced in a manner laid out in section 1311 of the Public
Health Law.

Section 2: Adds a new section 1311 to the Public Health Law.

This new section allows municipalities or political subdivisions to
designate which entity shall enforce the ban laid out in &391-s of
the General Business Law and gives the Commissioner of the Department
of Health concurrent jurisdiction to enforce the DMAA ban.

This section allows for the imposition of a civil penalty against any
entity found to have violated the DMAA sale ban, pursuant to a
hearing. Civil penalties shall not exceed $500 per violation.
Entities have the right to appeal decisions. Entities may use the
defense that they had no knowledge that a product being sold
contained DMAA or DMAA additives.

Section 3: Establishes an date of sixty days after the Passage of the
law.

JUSTIFICATION: In April 2012, the Food and Drug
Administration (FDA)
sent a letter of Warning to ten manufacturers of dietary supplements,
telling them that the agency did not consider the chemical DMAA,
which can also be known as 1,3-dimethvlamylamine or
methylhexaneamine, to be a true dietary ingredient and that those
companies had failed to prove that this chemical is safe for human
consumption. This action came after the FDA had received forty-two
different reports of possible adverse health effects linked to
products containing DMAA. These adverse effects included cardiac,


nervous, and psychiatric disorders and also possible fatalities. The
US military pulled all products containing DMAA from its PX stores in
December of 2011 after reports linked DMAA containing products to the
deaths of two servicemen. Authorities in Canada, the United Kingdom,
Australia, and New Zealand have all taken action to curtail or ban
the sale of products, such as dietary supplements, that contain DMAA.
DMAA is known to mimic the functions of adrenaline in the human body.
It acts to constrict blood vessels, increasing blood pressure and
increasing awareness and focus, which is why it is commonly used as
an aide to lengthen and enhance exercise sessions. Its effects are
similar to the now banned supplement Ephedra. In fact, DMAA is used
as a substitute for Ephedra by multiple supplements' manufacturers.

DMAA containing products are marketed as energy boosters and sold as
supplements for individuals engaging in heavy and strenuous
exercises, such as body building. The chemical was first patented
back in 1944 as a possible nasal decongestant, but by the late 1970's
had been pulled from the shelves as the regulations on
pharmaceuticals and other drugs were tightened. All the DMAA used
today is manufactured. Dietary supplement manufacturers claim that
these chemicals are similar to ones that could be found naturally
occurring in geranium extracts and commonly market them as natural
geranium products. As noted before though, these chemicals are not
extracted from geraniums and the only documentation used by
manufacturers as proof of their claims is a single study in a now
defunct journal from the mid-1990's.

The reality is that DMAA is no a 'natural' substance, but a synthetic
chemical that exhibits many of the same dangers to humans as was
found to be the case with the now banned Ephedra. This is why the US
military, the FDA, and health authorities in several other countries
have taken action to protect the public from the possible dangers of
this chemical.

It is ironic that these questionable and potentially dangerous dietary
supplements are being purchased by persons who are attempting to
enhance their physical well being and health. New York State should
not lag behind in its actions to protect our residents from this
dangerous substance.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take wit on the
sixtieth day after it shall have become a law.

view full 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

S. 2377--A                          2

  (B)  "DMAA" MEANS 1, 3-DIMETHYLAMYLAMINE (ALSO KNOWN AS 1,3-DMAA, 1,3-
DIMETHYLPENTYLAMINE, 2-AMINO-4-METHYLHEXANE,  2-HEXANAMINE,  4-METHYL-2-
HEXANAMINE,   4-METHYL-2-HEXYLAMINE,  4-METHYLHEXANE-2-AMINE,  4-METHYL-
(9CI), DIMETHYLAMYLAMINE, GERANAMINE, AND METHYLHEXANAMINE).
  (C)  "FOOD" MEANS ALL ARTICLES OF FOOD, DRINK, CONFECTIONERY OR CONDI-
MENT, WHETHER SIMPLE, MIXED OR COMPOUND, USED OR  INTENDED  FOR  USE  BY
HUMANS  OR ANIMALS, AND SHALL ALSO INCLUDE ALL SUBSTANCES OR INGREDIENTS
TO BE ADDED TO FOOD FOR ANY PURPOSE. SUCH  TERM  SHALL  INCLUDE  CHEWING
GUM.
  (D)  "UNSAFE  DMAA  FOOD ADDITIVE" MEANS A FOOD ADDITIVE THAT CONTAINS
DMAA THAT HAS NOT BEEN RECOGNIZED BY THE COMMISSIONER OF AGRICULTURE AND
MARKETS AS SAFE, FOR THE PURPOSE OF ENFORCEMENT OF ARTICLE SEVENTEEN  OF
THE AGRICULTURE AND MARKETS LAW.
  3.   NOTHING   IN   THIS   SECTION   SHALL  APPLY  TO  NONPRESCRIPTION
OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY THE FOOD AND DRUG ADMIN-
ISTRATION.
  4. ANY ENFORCEMENT OFFICER, AS DEFINED  IN  SECTION  THIRTEEN  HUNDRED
ELEVEN OF THE PUBLIC HEALTH LAW, SHALL HAVE THE POWER TO IMPOSE UPON ANY
PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY
COMPANY OR OTHER ENTITY THE CIVIL PENALTIES AUTHORIZED BY SUCH  SECTION,
FOLLOWING  A  HEARING CONDUCTED IN THE SAME MANNER AS HEARINGS CONDUCTED
PURSUANT TO ARTICLE THIRTEEN-E OF THE PUBLIC HEALTH LAW.
  S 2. The public health law is amended by adding a new section 1311  to
read as follows:
  S  1311.  REGULATION OF DMAA.  1. FOR THE PURPOSE OF THIS SECTION, THE
TERM "ENFORCEMENT OFFICER" SHALL MEAN ANY ENTITY SO  DESIGNATED  BY  ANY
MUNICIPALITY  OR POLITICAL SUBDIVISION.  SUCH ENFORCEMENT OFFICERS SHALL
HAVE CONCURRENT  JURISDICTION  WITH  THE  COMMISSIONER  TO  ENFORCE  THE
PROVISIONS OF SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL BUSINESS
LAW, PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
  2.  IF  AN  ENFORCEMENT  OFFICER  DETERMINES  AFTER  A  HEARING THAT A
VIOLATION OF SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL  BUSINESS
LAW  HAS  OCCURRED, AND SUBSEQUENT TO ANY APPEAL PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION HAVING BEEN FINALLY DETERMINED, A CIVIL PENALTY MAY
BE IMPOSED BY THE ENFORCEMENT OFFICER; PROVIDED, HOWEVER, THAT  NO  SUCH
PENALTY  SHALL EXCEED FIVE HUNDRED DOLLARS. WHEN THE ENFORCEMENT OFFICER
IS THE COMMISSIONER, THE HEARING SHALL  BE  CONDUCTED  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  TWELVE-A  OF THIS CHAPTER. WHEN THE ENFORCEMENT
OFFICER IS A BOARD OF HEALTH OR IN A CITY WITH A POPULATION OF MORE THAN
ONE MILLION, THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE, OR AN  OFFICER
DESIGNATED   TO   ENFORCE   THE  PROVISIONS  OF  SECTION  THREE  HUNDRED
NINETY-ONE-S OF THE GENERAL BUSINESS LAW, THE HEARING SHALL BE CONDUCTED
PURSUANT TO PROCEDURES SET FORTH IN THE COUNTY SANITARY CODE, OR  HEALTH
CODE  OF  SUCH  CITY,  OR IN THE ABSENCE THEREOF, PURSUANT TO PROCEDURES
ESTABLISHED BY THE ELECTED COUNTY LEGISLATURE OR BOARD  OF  SUPERVISORS.
NO OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED, PROVIDED THAT NOTHING
IN  THIS  SECTION  SHALL BE CONSTRUED TO PROHIBIT AN ENFORCEMENT OFFICER
FROM COMMENCING A PROCEEDING FOR INJUNCTIVE RELIEF TO COMPEL  COMPLIANCE
WITH SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL BUSINESS LAW.
  3.  ANY  PERSON WHO DESIRES TO REGISTER A COMPLAINT FOR A VIOLATION OF
SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL BUSINESS LAW MAY DO SO
WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  4. ANY PERSON AGGRIEVED BY THE DECISION  OF  AN  ENFORCEMENT  OFFICER,
OTHER THAN THE COMMISSIONER, MAY APPEAL TO THE COMMISSIONER FOR A REVIEW
OF  SUCH  DECISION  WITHIN THIRTY DAYS OF SUCH DECISION. THE DECISION OF

S. 2377--A                          3

ANY ENFORCEMENT OFFICER SHALL BE REVIEWABLE PURSUANT TO  ARTICLE  SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT  SOLD,
OFFERED  FOR  SALE  OR GAVE AWAY, FOR EITHER RETAIL, WHOLESALE OR PROMO-
TIONAL PURPOSES, A DIETARY SUPPLEMENT, DID NOT HAVE KNOWLEDGE  THAT  THE
DIETARY  SUPPLEMENT  CONTAINED  ANY  QUANTITY  OF DMAA, OR THAT THE FOOD
CONTAINED AN UNSAFE DMAA  FOOD  ADDITIVE,  IF  SUCH  KNOWLEDGE  WAS  NOT
REASONABLY DISCOVERABLE.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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