S T A T E O F N E W Y O R K
________________________________________________________________________
6878
2019-2020 Regular Sessions
I N A S S E M B L Y
March 25, 2019
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Introduced by M. of A. ORTIZ, RIVERA -- Multi-Sponsored by -- M. of A.
CYMBROWITZ, GALEF, 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 3039
to read as follows:
§ 3039. 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.
LBD10919-01-9
A. 6878 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. Effective immediately the commissioner of
education is authorized and directed to promulgate any rule or regu-
lation or to take any other necessary action to ensure the timely imple-
mentation of this act on its effective date.