NY State Senate Bill 2015-S1973

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	committed to rules
Mar 17, 2016	advanced to third reading
Mar 16, 2016	2nd report cal.
Mar 15, 2016	1st report cal.370
Jan 06, 2016	referred to agriculture
Jun 25, 2015	committed to rules
Apr 27, 2015	advanced to third reading
Apr 23, 2015	2nd report cal.
Apr 22, 2015	1st report cal.366
Jan 15, 2015	referred to agriculture

Votes

- Mar 15, 2016 - Agriculture Committee Vote
  S1973
  
  Aye
  
  12
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Agriculture Committee Vote: Mar 15, 2016
      
      aye (12)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Hamilton
      
      O'Mara
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky
      
      Young
      
      nay (1)
      
      Montgomery
  Apr 22, 2015 - Agriculture Committee Vote
  S1973
  
  Aye
  
  13
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Agriculture Committee Vote: Apr 22, 2015
      
      aye (13)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Montgomery
      
      O'Mara
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky
      
      Young

2015-S1973 (ACTIVE) - Details

See Assembly Version of this Bill:: A568
Current Committee:: Senate Rules
Law Section:: Agriculture and Markets Law
Laws Affected:: Add Art 3 §45-d, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8802
2013-2014: S3007, A272

2015-S1973 (ACTIVE) - Summary

Prohibits the sale of food products containing melatonin to minors; exempts food products naturally containing melatonin.

2015-S1973 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1973

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to prohibiting the sale of food products containing melatonin
to minors

PURPOSE:  This bill would prohibit any person, partnership, or
corporation from selling, or offering for sale, food products
containing melatonin to any person under the age of eighteen years,
and would requires stores involved in the retail sale of food products
to display such products containing melatonin in a location designated
for persons over the age of eighteen, in a manner which restricts
access to such food products.

SUMMARY OF PROVISIONS:  Amends Article 3 of the Agriculture and
Markets law by adding a new section 45-d to prohibit the sale of food
products containing melatonin to minors. Provides that this act shall
take effect 90 days after enactment.

JUSTIFICATION:  In 2009, there were 5,000 melatonin-related calls into
Poison control centers, most involving small children. Melatonin is
known chemically as N-acetyl-5-methoxytryptamin, and is a naturally
occurring compound found in animals, plants and microbes. While it is
a naturally-occurring compound, when ingested as a dietary supplement
in large quantities, melatonin can lead the central nervous system to
slow down and cause trouble breathing.

In recent years, food products containing melatonin have become
prevalent in stores. However, one such product is a brownie referred
to as a "Lazy Cake." Lazy Cakes are marketed toward minors, and bear a
child-friendly cartoon logo, named "Lazy Larry" - similar to the Joe
Camel cigarette ads of the past. Although there is a warning that the
product is not for children, a child who finds the product at home is
at risk of ingesting the brownie because it appears to be an average
baked good. Additionally, many store clerks are unaware that the
products contain melatonin and willingly sell them to minors who think
that they are purchasing a simple brownie. The enactment of this bill
will protect minors from encountering the potentially dangerous
effects of melatonin.

This bill would exempt foods that naturally contain melatonin, such as
oats, corn, rice, almonds, fennel seeds, cherries, lemon verbena, balm
mint (the young part of the plant) and ginger, and would thus only
apply to foods in which melatonin is an additive.

LEGISLATIVE HISTORY:  2013-14 - S. 3007 Rules Committee - A. 272 -
Agriculture Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  The ninetieth day after it shall have become a law.

2015-S1973 (ACTIVE) - Bill Text download pdf

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

                                  1973

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

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

AN ACT to amend the agriculture and markets law, in relation to  prohib-
  iting the sale of food products containing melatonin to minors

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

  Section 1. Article 3 of the agriculture and markets law is amended  by
adding a new section 45-d to read as follows:
  S  45-D.  SALE OF FOOD PRODUCTS CONTAINING MELATONIN TO MINORS PROHIB-
ITED.  1. NO PERSON, PARTNERSHIP OR CORPORATION SHALL SELL OR OFFER  FOR
SALE  IN  THIS  STATE  ANY  FOOD PRODUCT WHICH CONTAINS MELATONIN TO ANY
PERSON UNDER THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT ANY FOOD
NATURALLY CONTAINING MELATONIN SHALL BE EXEMPT FROM  THE  PROVISIONS  OF
THIS SECTION.
  2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
OR  RENTAL  OF  FOOD PRODUCTS SHALL STORE AND DISPLAY SUCH FOOD PRODUCTS
CONTAINING MELATONIN IN A LOCATION DESIGNATED FOR PERSONS OVER  THE  AGE
OF EIGHTEEN, IN A MANNER WHICH RESTRICTS ACCESS TO SUCH FOOD PRODUCTS.
  3. SALE OF ANY FOOD PRODUCTS THAT CONTAIN MELATONIN SHALL BE MADE ONLY
TO  AN INDIVIDUAL WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S LICENSE
OR NON-DRIVER'S IDENTIFICATION ISSUED BY THE COMMISSIONER OF MOTOR VEHI-
CLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITORY,  COMMONWEALTH
OR  POSSESSION,  THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE
UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF  CANADA;  OR
(B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
COUNTRY;  OR  (C)  AN  IDENTIFICATION  CARD ISSUED BY THE UNITED STATES,
INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF  AGE.  SUCH
IDENTIFICATION  NEED  NOT  BE  REQUIRED OF ANY INDIVIDUAL WHO REASONABLY
APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN  ANY  PROCEEDING  INVOLVING
SALE OF ANY FOOD PRODUCT, TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02312-01-5

S. 1973                             2

  4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
TIVE DEFENSE THAT A PERSON PURCHASING OR ATTEMPTING TO PURCHASE ANY FOOD
PRODUCT CONTAINING MELATONIN PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER
IDENTIFICATION  CARD  APPARENTLY  ISSUED BY A GOVERNMENT ENTITY OR OTHER
IDENTIFICATION  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, SUCCESS-
FULLY COMPLETED THE TRANSACTION, AND THAT THE FOOD PRODUCT SOLD TO  SUCH
PERSON WAS REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION.
IN  EVALUATING  THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDER-
ATION SHALL BE GIVEN TO ANY WRITTEN POLICY ADOPTED  AND  IMPLEMENTED  BY
THE  SELLER  TO  EFFECTUATE  THE PROVISIONS OF THIS SECTION.  USE OF ANY
METHOD OF AN ELECTRONIC TRANSACTION SCAN SHALL  NOT  EXCUSE  ANY  PERSON
OPERATING  A  PLACE  OF  BUSINESS WHEREIN FOOD PRODUCTS ARE SOLD, OR THE
AGENT OR EMPLOYEE OF SUCH PERSON, FROM THE EXERCISE  OF  DUE  DILIGENCE.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE
DEFENSE  SHALL NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR
IN ANY OTHER FORUM.
  S 2.  This act shall take effect on the ninetieth day after  it  shall
have become a law. Effective immediately, the addition, amendment and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed.

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Senate Bill S1973

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Mar 15, 2016 - Agriculture Committee Vote

Agriculture Committee Vote: Mar 15, 2016

Apr 22, 2015 - Agriculture Committee Vote

Agriculture Committee Vote: Apr 22, 2015

2015-S1973 (ACTIVE) - Details

2015-S1973 (ACTIVE) - Summary

2015-S1973 (ACTIVE) - Sponsor Memo

2015-S1973 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

2015-S1973 (ACTIVE) - Details

2015-S1973 (ACTIVE) - Summary

2015-S1973 (ACTIVE) - Sponsor Memo

2015-S1973 (ACTIVE) - Bill Text download pdf

Comments