NY State Senate Bill S1641

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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2016	referred to health delivered to assembly passed senate
Feb 02, 2016	advanced to third reading
Feb 01, 2016	2nd report cal.
Jan 26, 2016	1st report cal.77
Jan 06, 2016	referred to health returned to senate died in assembly
Jun 15, 2015	referred to health delivered to assembly passed senate
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.819
Jan 13, 2015	referred to health

Votes

Co-Sponsors

S1641 (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add Art 33-B §§3398 - 3398-c, Pub Health L; add §390-d, Gen Bus L

S1641 (ACTIVE) - Summary

Prohibits the sale and distribution of powdered pure caffeine.

S1641 (ACTIVE) - Sponsor Memo

BILL NUMBER:S1641

TITLE OF BILL:

An act to amend the public health law and the general business law, in
relation to prohibiting the sale of powdered pure caffeine

PURPOSE:

This bill would ban the sale and distribution of powdered pure
caffeine in the state.

SUMMARY OF PROVISIONS:

Section one adds a new Article 33-B to the Public Health Law which
defines powdered pure caffeine, prohibits the sale, offering, giving
or distributing of pure powdered caffeine and makes a violation of
this provision subject to a fine not to exceed one thousand dollars.
This section would not apply to any product which is manufactured to
contain caffeine in accordance with the rules and regulations of the
United States Food and Drug Administration (FDA).

Section two adds a new § 390-d to the General Municipal law defining
powdered pure caffeine, prohibiting the sale, offering, giving or
distributing of such punishable by a fine not to exceed one thousand
dollars, unless the product is manufactured to contain caffeine in

accordance with FDA regulations.

Section three provides that this act shall take effect immediately.

JUSTIFICATION:

This bill prohibits the sale and distribution of powdered pure
caffeine in the state. Pure powder caffeine, which is essentially 100%
caffeine, is being sold as a dietary supplement to increase energy
levels and metabolism. While caffeine is commonly thought of as a safe
and natural stimulant, pure caffeine is a very powerful stimulant and
even small amounts can result in accidental overdoses. A teaspoon of
pure caffeine is equivalent to approximately 25 cups of coffee. It is
nearly impossible to adequately measure the substance using ordinary
kitchen tools, and a small amount can make a big difference. A
caffeine overdose can result in rapid or erratic heartbeat, seizures
and in the worse cases, death. Once the caffeine hits the blood
stream, it remains in the system for 24 hours, even with medical
intervention.

There have already been as many as 18 reported deaths, and many more
suspected, as a result of pure powder caffeine. In May, an Ohio teen,
having a busy week at school, died after ingesting about 23 times the
amount of caffeine found in a coffee or soda, which was less than a
teaspoon of powdered pure caffeine. The teen and his parents, as most
other citizens, were unaware of the dangers of this substance.

Since pure powder caffeine is typically marketed as a dietary
supplement, unlike the caffeine added to soda it is completely
unregulated by the FDA. The FDA has issued a safety alert notifying
consumers of the potentially high potency of these products, and


making parents aware of the risk to teens and young adults in light of
the perceived benefits of these substances. The FDA is allegedly
building a legal case against those marketing this product. The Deputy
Commissioner of Foods, Michael Taylor, was recently quoted stating
that it is "inherently irresponsible" to market this potentially
dangerous product and that the FDA will pursue all legal options
against those selling this product. However, families suffering from
the loss of loved ones and advocates such as the Center for Science in
the Public Interest continue to fight for the ban of retail
distribution of this product.

In November, 2014 Suffolk county became the first area in the nation
to adopted a local ban on the sale of powder caffeine to those under
18 years old. Similar legislation has been introduced in New Jersey.

While the dangers of pure powdered caffeine are not broadly
understood, these products are widely available online and in stores
with little or no warning. The unfortunate recent deaths have
highlighted the need for government interaction. New Yorkers cannot
wait for the FDA to act. This legislation will prohibit the sale and
distribution of the substances within the state, giving both
municipalities and health officials concurrent jurisdiction to enforce
the provisions. The bill also clarifies that products such as soda and
energy drinks containing caffeine which are currently regulated by the
FDA would not be subject to these provisions.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately

S1641 (ACTIVE) - Bill Text download pdf

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

                                  1641

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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

AN ACT to amend the public health law and the general business  law,  in
  relation to prohibiting the sale of powdered pure caffeine

  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
33-B to read as follows:
                               ARTICLE 33-B
                         POWDERED PURE CAFFEINE
SECTION 3398. DEFINITION.
        3398-A. SALE PROHIBITED.
        3398-B. EXEMPTION.
        3398-C. PENALTY.
  S  3398.  DEFINITION. FOR THE PURPOSES OF THIS ARTICLE, "POWDERED PURE
CAFFEINE"  MEANS  ANY  CONCENTRATED  POWDERED  FORM  OF  THE   STIMULANT
CAFFEINE, OR ANY POWDER SUBSTANCE SOLD OR MARKETED AS PURE CAFFEINE.
  S  3398-A. SALE PROHIBITED. NO PERSON, FIRM, CORPORATION, PARTNERSHIP,
ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY SHALL SELL, OFFER
TO SELL OR  GIVE  AWAY  FOR  EITHER  RETAIL,  WHOLESALE  OR  PROMOTIONAL
PURPOSES, OR DISTRIBUTE POWDERED PURE CAFFEINE.
  S 3398-B. EXEMPTION. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO
ANY PRODUCT WHICH IS MANUFACTURED TO CONTAIN CAFFEINE IN ACCORDANCE WITH
THE  RULES  AND  REGULATIONS OF THE UNITED STATES FOOD AND DRUG ADMINIS-
TRATION.
  S 3398-C. PENALTY. A VIOLATION OF THIS ARTICLE  SHALL  BE  AN  OFFENSE
PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
  S 2. The general business law is amended by adding a new section 390-d
to read as follows:
  S  390-D.  POWDERED PURE CAFFEINE; PROHIBITION. 1. FOR THE PURPOSES OF
THIS SECTION, "POWDERED PURE CAFFEINE" MEANS ANY  CONCENTRATED  POWDERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07146-01-5

S. 1641                             2

FORM OF THE STIMULANT CAFFEINE, OR ANY POWDER SUBSTANCE SOLD OR MARKETED
AS PURE CAFFEINE.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY SHALL SELL, OFFER TO SELL OR GIVE AWAY
FOR EITHER RETAIL, WHOLESALE  OR  PROMOTIONAL  PURPOSES,  OR  DISTRIBUTE
POWDERED  PURE  CAFFEINE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS
SECTION SHALL NOT APPLY TO ANY PRODUCT WHICH IS MANUFACTURED TO  CONTAIN
CAFFEINE  IN  ACCORDANCE  WITH  THE  RULES AND REGULATIONS OF THE UNITED
STATES FOOD AND DRUG ADMINISTRATION.
  3. A VIOLATION OF THIS SECTION SHALL BE AN  OFFENSE  PUNISHABLE  BY  A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
  S 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S1641

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Feb 24, 2016 - floor Vote

Floor Vote: Feb 24, 2016

Jan 26, 2016 - Health committee Vote

Health Committee Vote: Jan 26, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 19, 2015 - Health committee Vote

Health Committee Vote: May 19, 2015

Co-Sponsors

S1641 (ACTIVE) - Details

S1641 (ACTIVE) - Summary

S1641 (ACTIVE) - Sponsor Memo

S1641 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1641

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 24, 2016 - floor Vote

Floor Vote: Feb 24, 2016

Jan 26, 2016 - Health committee Vote

Health Committee Vote: Jan 26, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 19, 2015 - Health committee Vote

Health Committee Vote: May 19, 2015

Co-Sponsors

Timothy M. Kennedy

S1641 (ACTIVE) - Details

S1641 (ACTIVE) - Summary

S1641 (ACTIVE) - Sponsor Memo

S1641 (ACTIVE) - Bill Text download pdf

Comments