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
                                ___________
 
 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.