Senate Bill S16

Vetoed By Governor
2021-2022 Legislative Session

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A431 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2021-S16 - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, amd §391-o, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089
2023-2024: S5823

2021-S16 - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18 unless properly prescribed by a health care provider; exempts certain protein powders, protein drinks and foods.

2021-S16 - Sponsor Memo

2021-S16 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    16
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S16A - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, amd §391-o, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089
2023-2024: S5823

2021-S16A - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18 unless properly prescribed by a health care provider; exempts certain protein powders, protein drinks and foods.

2021-S16A - Sponsor Memo

2021-S16A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S16B - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, amd §391-o, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089
2023-2024: S5823

2021-S16B - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18 unless properly prescribed by a health care provider; exempts certain protein powders, protein drinks and foods.

2021-S16B - Sponsor Memo

2021-S16B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, BIAGGI, BRISPORT, BROOKS, BROUK, HARCKHAM,
   MYRIE, SEPULVEDA -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Consumer Protection -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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  UNLESS  PRESCRIBED OR ORDERED BY A HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE SUCH PILLS OR SUPPLEMENTS UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-S16C - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, amd §391-o, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089
2023-2024: S5823

2021-S16C - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18 unless properly prescribed by a health care provider; exempts certain protein powders, protein drinks and foods.

2021-S16C - Sponsor Memo

2021-S16C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, BIAGGI, BRISPORT, BROOKS, BROUK, HARCKHAM,
   MYRIE, RIVERA, SANDERS, SEPULVEDA -- read twice and  ordered  printed,
   and  when  printed  to  be  committed  to  the  Committee  on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 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
 
   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  UNLESS  PRESCRIBED OR ORDERED BY A HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE SUCH PILLS OR SUPPLEMENTS UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-S16D (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §391-oo, amd §391-o, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8089
2023-2024: S5823

2021-S16D (ACTIVE) - Summary

Relates to establishing restrictions on the sale of over-the-counter diet pills and dietary supplements for weight loss or muscle building; prohibits the sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to people under 18 unless properly prescribed by a health care provider; exempts certain protein powders, protein drinks and foods.

2021-S16D (ACTIVE) - Sponsor Memo

2021-S16D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, BIAGGI, BRISPORT, BROOKS, BROUK, HARCKHAM,
   MYRIE, RIVERA, SANDERS, SEPULVEDA, THOMAS -- read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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
 
   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 UNLESS PRESCRIBED OR  ORDERED  BY  A  HEALTH  CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE SUCH PILLS OR SUPPLEMENTS UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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