S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4535
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ, 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  3037
 to read as follows:
   §  3037.  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.
                                                            LBD08861-01-7
              

 A. 4535                             2
 
 TO INFORM STUDENTS, AND THEIR PARENTS, ABOUT THE POTENTIAL RISKS ASSOCI-
 ATED WITH SUCH DIETARY SUPPLEMENTS.
   § 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.