Assembly Bill A431A

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

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Archive: Last Bill Status Via S16 - On Floor Calendar


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

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Bill Amendments

co-Sponsors

multi-Sponsors

2021-A431 - 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: A10138
2023-2024: A5610

2021-A431 - 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-A431 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    431
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2021-A431A - 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: A10138
2023-2024: A5610

2021-A431A - 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-A431A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  431--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  read  once  and
   referred  to  the  Committee  on  Consumer  Affairs  and 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
              

co-Sponsors

multi-Sponsors

2021-A431B - 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: A10138
2023-2024: A5610

2021-A431B - 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-A431B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  431--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  read  once  and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported and referred to the Commit-
   tee on Codes -- 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
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2021-A431C (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: A10138
2023-2024: A5610

2021-A431C (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-A431C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  431--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON,
   McDONALD  --  Multi-Sponsored  by -- M. of A. ENGLEBRIGHT -- read once
   and referred to the Committee on Consumer Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported and referred to the  Commit-
   tee  on Codes -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee -- reported and  referred
   to the Committee on Rules -- Rules Committee discharged, bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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