Assembly Bill A10138

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10138
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in  relation  to  establishing
   restrictions  on  the  sale of over-the-counter diet pills and dietary
   supplements for weight loss or muscle building  and  increasing  civil
   penalties  for the sale or promotional distribution of dietary supple-
   ments containing ephedra
 
   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-oo to read as follows:
   §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
 FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  NO  PERSON,  FIRM,  CORPORATION,
 PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
 SHALL SELL OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL  OR  WHOLE-
 SALE  PROMOTION, AN OVER-THE-COUNTER DIET PILL OR DIETARY SUPPLEMENT FOR
 WEIGHT LOSS OR MUSCLE BUILDING WITHIN NEW YORK STATE TO ANY PERSON UNDER
 EIGHTEEN YEARS OF AGE.
   2. FOR PURPOSES OF THIS SECTION THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "DIETARY  SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING" MEANS A
 CLASS OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED  NINETY-
 ONE-O OF THIS ARTICLE SOLD FOR OR USED WITH THE INTENT TO ACHIEVE WEIGHT
 LOSS OR BUILD MUSCLE;
   (B)  "OVER-THE-COUNTER DIET PILLS" MEANS A CLASS OF DRUGS, SOLD FOR OR
 USED WITH THE INTENT TO ACHIEVE WEIGHT LOSS OR  BUILD  MUSCLE  THAT  ARE
 LAWFULLY  SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER WITH OR WITH-
 OUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT,
 21 U.S.C. SECTION 301 ET. SEQ., OR REGULATIONS ADOPTED THEREUNDER; AND
   (C) "DIETARY SUPPLEMENTS FOR  WEIGHT  LOSS  OR  MUSCLE  BUILDING"  AND
 "OVER-THE-COUNTER DIET PILLS" MAY INCLUDE, BUT ARE NOT LIMITED TO, THER-
 MOGENS,  WHICH  ARE SUBSTANCES THAT PRODUCE HEAT IN THE BODY AND PROMOTE
 MORE CALORIE BURNING, LIPOTROPICS, WHICH ARE COMPOUNDS THAT  HELP  BREAK
 DOWN  FAT DURING BODY METABOLISM, HORMONES, INCLUDING HORMONE MODULATORS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15229-04-0

 A. 10138                            2
 
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
 LIABILITY COMPANY, OR OTHER ENTITY THAT THAT VIOLATES THE PROVISIONS  OF
 THIS  SECTION  BY  SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A
 RETAIL OR WHOLESALE PROMOTION, AN OVER-THE-COUNTER DIET PILL OR  DIETARY
 SUPPLEMENT FOR WEIGHT LOSS OR MUSCLE BUILDING TO A PERSON UNDER EIGHTEEN
 YEARS  OF  AGE  SHALL BE SUBJECT TO A CIVIL PENALTY OR NOT MORE THAN TWO
 THOUSAND DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY ANY ENFORCE-
 MENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR POLITICAL SUBDIVISION.
   4. ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE A DECEPTIVE  ACT  OR
 PRACTICE PURSUANT TO ARTICLE TWENTY-TWO-A OF THIS CHAPTER.
   §  2.  Subdivision  4 of section 391-o of the general business law, as
 added by chapter 385 of the laws of 2003, is amended to read as follows:
   4. Any person, firm, corporation,  partnership,  association,  limited
 liability  company, or other entity that violates the provisions of this
 section by selling, offering to sell, or giving away as either a  retail
 or  wholesale promotion, a dietary supplement containing any quantity of
 ephedrine alkaloids shall be subject to a civil penalty of not more than
 [five hundred] TWO THOUSAND dollars per  violation,  recoverable  in  an
 action  by  any  enforcement authority designated by any municipality or
 political subdivision.
   § 3. The department of health, in consultation with  other  state  and
 federal  agencies,  as appropriate, and relevant stakeholders including,
 but not limited to, the eating disorders community, shall determine what
 products constitute over-the-counter diet pills, or dietary  supplements
 for weight loss or muscle building shall have limited accessibility.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.