S T A T E O F N E W Y O R K
________________________________________________________________________
4712
2017-2018 Regular Sessions
I N A S S E M B L Y
February 3, 2017
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale of the dietary supplement creatine to individuals under eighteen
years of age
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-u to read as follows:
§ 391-U. RESTRICTED ACCESS TO RETAIL SALE OF DIETARY SUPPLEMENTS
CONTAINING CREATINE. 1. NO RETAIL ESTABLISHMENT SHALL OFFER FOR SALE
DIETARY SUPPLEMENTS CONTAINING ANY QUANTITY OF CREATINE TO AN INDIVIDUAL
UNDER EIGHTEEN YEARS OF AGE WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED
BY SUBDIVISION THREE OF THIS SECTION.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOW-
ING MEANINGS:
(A) "DIETARY SUPPLEMENT" MEANS: (1) A PRODUCT (OTHER THAN TOBACCO)
THAT 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) INTENDED FOR INGESTION IN PILL, CAPSULE, TABLET,
POWDER OR LIQUID FORM; AND (3) LABELED AS A "DIETARY SUPPLEMENT" PURSU-
ANT TO THE FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT, 21
U.S.C. 321, AS AMENDED.
(B) "CREATINE" MEANS ANY NATURAL OR SYNTHETIC FORM OF CREATINE INCLUD-
ING, BUT NOT LIMITED TO, CREATINE MONOHYDRATE, CREATINE CITRATE, CREA-
TINE ETHYL ESTER, CREATINE METHYL ESTER, LIQUID CREATINE, MICRONIZED
CREATINE, CREATINE NITRATE, CREATINE MAGNESIUM CHELATE, BUFFERED CREA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01932-01-7
A. 4712 2
TINE, CREATINE HYDROCHLORIDE, CREATINE MALATE, CREATINE PHOSPHATE AND
CREATINE PYRUVATE.
(C) "RETAIL ESTABLISHMENT" MEANS EVERY VENDOR THAT IN THE REGULAR
COURSE OF BUSINESS SELLS DIETARY SUPPLEMENTS CONTAINING CREATINE AT
RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO, PHARMACIES,
GROCERY STORES, AND OTHER RETAIL STORES.
3. NOTHING IN THIS SECTION SHALL APPLY TO NONPRESCRIPTION OVER-THE-
COUNTER DRUGS APPROVED OR REGULATED BY THE FEDERAL FOOD AND DRUG ADMIN-
ISTRATION.
4. RETAIL ESTABLISHMENTS SHALL REQUIRE PROOF OF LEGAL AGE OF SUCH
PRODUCTS. SUCH IDENTIFICATION NEED NOT BE REQUIRED OF ANY INDIVIDUAL WHO
REASONABLY APPEARS TO BE AT LEAST TWENTY-FIVE YEARS OF AGE PROVIDED,
HOWEVER, THAT SUCH APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY
PROCEEDING ALLEGING THE SALE OF DIETARY SUPPLEMENTS CONTAINING CREATINE
TO A MINOR.
5. ANY RETAIL ESTABLISHMENT THAT VIOLATES THE PROVISIONS OF THIS
SECTION BY OFFERING FOR SALE A DIETARY SUPPLEMENT CONTAINING ANY QUANTI-
TY OF CREATINE TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER
VIOLATION, RECOVERABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIG-
NATED BY ANY MUNICIPALITY OR POLITICAL SUBDIVISION.
6. IT SHALL BE A DEFENSE THAT ANY RETAIL ESTABLISHMENT THAT HAS SOLD A
DIETARY SUPPLEMENT CONTAINING CREATINE TO AN INDIVIDUAL UNDER EIGHTEEN
YEARS OF AGE DID NOT HAVE KNOWLEDGE THAT THE SUPPLEMENT CONTAINED ANY
QUANTITY OF CREATINE IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
§ 2. This act shall take effect immediately.