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.