Assembly Bill A2848

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2848
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. COLTON,
   McDONOUGH, ZEBROWSKI -- read once and referred  to  the  Committee  on
   Health
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   dietary supplements safety committee
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding a new section 25
 to read as follows:
   § 25. DIETARY SUPPLEMENTS SAFETY COMMITTEE.  1. THERE IS HEREBY ESTAB-
 LISHED  IN THE DEPARTMENT THE DIETARY SUPPLEMENTS SAFETY COMMITTEE TO BE
 COMPOSED OF EIGHTEEN MEMBERS WHO SHALL BE  APPOINTED  IN  THE  FOLLOWING
 MANNER:  THREE  SHALL  BE  APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE
 SENATE; TWO SHALL BE APPOINTED BY THE MINORITY  LEADER  OF  THE  SENATE;
 THREE  SHALL  BE  APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO SHALL BE
 APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;  AND  EIGHT  SHALL  BE
 APPOINTED  BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE THE CHAIRPERSON
 OF THE COMMITTEE.  THE MEMBERS OF THE COMMITTEE SHALL BE  REPRESENTATIVE
 OF  THE  PUBLIC HEALTH FIELD, HEALTH CARE SERVICES PROVIDERS, DIETICIANS
 AND NUTRITIONISTS.  SUCH APPOINTING OFFICIALS SHALL  EITHER  REPLACE  OR
 REAPPOINT  THE MEMBERS OF SUCH COMMITTEE FOR THREE YEAR TERMS, ACCORDING
 TO THE FOLLOWING SCHEDULE:
   (A) EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-ONE:  ANY  THREE
 ORIGINAL  APPOINTEES  OF  THE  GOVERNOR,  ONE  ORIGINAL APPOINTEE OF THE
 TEMPORARY PRESIDENT OF THE SENATE, ONE ORIGINAL APPOINTEE OF THE SPEAKER
 OF THE ASSEMBLY AND ONE ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE
 SENATE;
   (B) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-TWO: ANY THREE OF THE
 REMAINING ORIGINAL APPOINTEES OF THE  GOVERNOR,  ONE  OF  THE  REMAINING
 ORIGINAL APPOINTEES OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06703-01-9
              

 A. 2848                             2
 
 REMAINING  ORIGINAL  APPOINTEES  OF  THE SPEAKER OF THE ASSEMBLY AND ONE
 ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE ASSEMBLY;
   (C)  EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE:  THE TWO
 REMAINING ORIGINAL APPOINTEES OF THE GOVERNOR,  THE  REMAINING  ORIGINAL
 APPOINTEE  OF  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, THE REMAINING
 ORIGINAL APPOINTEE  OF  THE  SPEAKER  OF  THE  ASSEMBLY,  THE  REMAINING
 ORIGINAL  APPOINTEE OF THE MINORITY LEADER OF THE SENATE AND THE REMAIN-
 ING ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE ASSEMBLY;
   (D) REPLACEMENTS OR REAPPOINTMENTS THEREAFTER SHALL  BE  MADE  AT  THE
 EXPIRATION  OF  THE  TERM OF EACH MEMBER, BY THE APPOINTING OFFICIAL WHO
 ORIGINALLY APPOINTED SUCH MEMBER; AND
   (E) VACANCIES SHALL BE FILLED BY APPOINTMENT IN LIKE MANNER FOR  UNEX-
 PIRED TERMS.
   2.  THE  COMMITTEE  SHALL  EVALUATE THE SAFETY AND EFFICACY OF DIETARY
 SUPPLEMENTS AND ITS DUTIES SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE
 FOLLOWING:
   (A)  ESTABLISH  A  SYSTEM  OF REPORTING ADVERSE EVENTS ASSOCIATED WITH
 DIETARY SUPPLEMENTS AND SUPPORT VOLUNTARY REPORTING BY CONSUMERS, HEALTH
 PRACTITIONERS AND OTHERS;
   (B) ASSESS AVAILABLE DATA AND MAKE  SPECIFIC  RECOMMENDATIONS  TO  THE
 COMMISSIONER  REGARDING  BANNING THE SALE OF CERTAIN DIETARY SUPPLEMENTS
 THE COMMITTEE DEEMS HARMFUL; AND
   (C) ESTABLISH A PUBLIC HEALTH EDUCATION CAMPAIGN  ON  DIETARY  SUPPLE-
 MENTS, WITH VARIATIONS SPECIFICALLY DIRECTED TO TARGET DIFFERENT GROUPS.
   3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES A YEAR, AT THE
 REQUEST OF THE CHAIRPERSON.
   4.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   5.  THE  COMMISSIONER  IS  HEREBY  AUTHORIZED  TO  BAN THE SALE OF ANY
 DIETARY SUPPLEMENT SOLD OR OFFERED FOR SALE IN THIS STATE UPON RECOMMEN-
 DATION BY THE COMMITTEE. ANY SUCH BAN MAY BE LIMITED IN ITS SCOPE TO BAN
 THE SALE OF ANY SUCH SUPPLEMENT TO MINORS ONLY.
   6. FOR PURPOSES OF THIS SECTION, THE TERM "DIETARY  SUPPLEMENT"  MEANS
 (A)  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; (B) INTENDED
 FOR  INGESTION IN PILL, CAPSULE, TABLET, OR LIQUID FORM; AND (C) LABELED
 AS A "DIETARY SUPPLEMENT" PURSUANT TO  THE  FEDERAL  DIETARY  SUPPLEMENT
 HEALTH AND EDUCATION ACT, 21 U.S.C. 321, AS AMENDED.
   §  2.  This  act  shall  take effect January 1, 2020. The appointments
 required to be made pursuant to subdivision  1  of  section  25  of  the
 public health law, as added by section one of this act, shall be made on
 or before such effective date.