Assembly Bill A5610D

2023-2024 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

Current Bill Status - Delivered to Governor


  • 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

2023-A5610 - Details

See Senate Version of this Bill:
S5823
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10138, S8089
2021-2022: A431, S16

2023-A5610 - 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; exempts certain protein powders, protein drinks and foods.

2023-A5610 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5610
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by M. of A. ROZIC -- 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

   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.  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 THAT IS LABELED, MARKETED,  OR  OTHERWISE  REPRES-
 ENTED  FOR  THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE BUILDING, BUT
 SHALL NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND FOODS MARKETED  AS
 CONTAINING  PROTEIN  UNLESS  THE  PROTEIN  POWDER, PROTEIN DRINK OR FOOD
 MARKETED AS CONTAINING PROTEIN CONTAINS AN INGREDIENT OTHER THAN PROTEIN
 WHICH WOULD, CONSIDERED  ALONE,  CONSTITUTE  A  DIETARY  SUPPLEMENT  FOR
 WEIGHT LOSS OR MUSCLE BUILDING.
   (B)  "OVER-THE-COUNTER  DIET  PILLS"  MEANS  A CLASS OF DRUGS LABELED,
 MARKETED, OR OTHERWISE REPRESENTED FOR THE PURPOSE OF  ACHIEVING  WEIGHT
 LOSS  THAT ARE LAWFULLY SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER
 WITH OR WITHOUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD,  DRUG,  AND
 COSMETIC  ACT,  21  U.S.C.  SECTION  301 ET SEQ., OR REGULATIONS ADOPTED
 THEREUNDER.
   (C) "RETAIL ESTABLISHMENT" MEANS  ANY  VENDOR  THAT,  IN  THE  REGULAR
 COURSE  OF BUSINESS, SELLS DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE
 BUILDING OR OVER-THE-COUNTER  DIET  PILLS  AT  RETAIL  DIRECTLY  TO  THE
 PUBLIC, INCLUDING, BUT NOT LIMITED TO, PHARMACIES, GROCERY STORES, OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02273-02-3
              

co-Sponsors

2023-A5610A - Details

See Senate Version of this Bill:
S5823
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10138, S8089
2021-2022: A431, S16

2023-A5610A - 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; exempts certain protein powders, protein drinks and foods.

2023-A5610A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5610--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection -- reported  and  referred  to  the
   Committee  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.  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 THAT IS LABELED, MARKETED,  OR  OTHERWISE  REPRES-
 ENTED  FOR  THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE BUILDING, BUT
 SHALL NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND FOODS MARKETED  AS
 CONTAINING  PROTEIN  UNLESS  THE  PROTEIN  POWDER, PROTEIN DRINK OR FOOD
 MARKETED AS CONTAINING PROTEIN CONTAINS AN INGREDIENT OTHER THAN PROTEIN
 WHICH WOULD, CONSIDERED  ALONE,  CONSTITUTE  A  DIETARY  SUPPLEMENT  FOR
 WEIGHT LOSS OR MUSCLE BUILDING.
   (B)  "OVER-THE-COUNTER  DIET  PILLS"  MEANS  A CLASS OF DRUGS LABELED,
 MARKETED, OR OTHERWISE REPRESENTED FOR THE PURPOSE OF  ACHIEVING  WEIGHT
 LOSS  THAT ARE LAWFULLY SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER
 WITH OR WITHOUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD,  DRUG,  AND
 COSMETIC  ACT,  21  U.S.C.  SECTION  301 ET SEQ., OR REGULATIONS ADOPTED
 THEREUNDER.
   (C) "RETAIL ESTABLISHMENT" MEANS  ANY  VENDOR  THAT,  IN  THE  REGULAR
 COURSE  OF BUSINESS, SELLS DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02273-05-3
              

co-Sponsors

2023-A5610B - Details

See Senate Version of this Bill:
S5823
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10138, S8089
2021-2022: A431, S16

2023-A5610B - 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; exempts certain protein powders, protein drinks and foods.

2023-A5610B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5610--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M. of A. ROZIC, HEVESI, McDONALD, AUBRY -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   reported   and  referred  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, 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.  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 THAT IS LABELED, MARKETED, OR OTHERWISE REPRES-
 ENTED FOR THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE  BUILDING,  BUT
 SHALL  NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND FOODS MARKETED AS
 CONTAINING PROTEIN UNLESS THE PROTEIN  POWDER,  PROTEIN  DRINK  OR  FOOD
 MARKETED AS CONTAINING PROTEIN CONTAINS AN INGREDIENT OTHER THAN PROTEIN
 WHICH  WOULD,  CONSIDERED  ALONE,  CONSTITUTE  A  DIETARY SUPPLEMENT FOR
 WEIGHT LOSS OR MUSCLE BUILDING.
   (B) "OVER-THE-COUNTER DIET PILLS" MEANS  A  CLASS  OF  DRUGS  LABELED,
 MARKETED,  OR  OTHERWISE REPRESENTED FOR THE PURPOSE OF ACHIEVING WEIGHT
 LOSS THAT ARE LAWFULLY SOLD, TRANSFERRED, OR FURNISHED  OVER-THE-COUNTER
 WITH  OR  WITHOUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG, AND
 COSMETIC ACT, 21 U.S.C. SECTION 301  ET  SEQ.,  OR  REGULATIONS  ADOPTED
 THEREUNDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02273-10-3
              

co-Sponsors

2023-A5610C - Details

See Senate Version of this Bill:
S5823
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10138, S8089
2021-2022: A431, S16

2023-A5610C - 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; exempts certain protein powders, protein drinks and foods.

2023-A5610C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5610--C
                                                         Cal. No. 174
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M. of A. ROZIC, HEVESI, McDONALD, AUBRY, SIMON, NOVAKHOV
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection  --  reported  and  referred  to  the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee  --  reported  from  committee, advanced to a third reading,
   amended and ordered reprinted, retaining its place  on  the  order  of
   third reading
 
 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.  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 THAT IS LABELED, MARKETED, OR OTHERWISE REPRES-
 ENTED FOR THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE  BUILDING,  BUT
 SHALL  NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND FOODS MARKETED AS
 CONTAINING PROTEIN UNLESS THE PROTEIN  POWDER,  PROTEIN  DRINK  OR  FOOD
 MARKETED AS CONTAINING PROTEIN CONTAINS AN INGREDIENT OTHER THAN PROTEIN
 WHICH  WOULD,  CONSIDERED  ALONE,  CONSTITUTE  A  DIETARY SUPPLEMENT FOR
 WEIGHT LOSS OR MUSCLE BUILDING.
   (B) "OVER-THE-COUNTER DIET PILLS" MEANS  A  CLASS  OF  DRUGS  LABELED,
 MARKETED,  OR  OTHERWISE REPRESENTED FOR THE PURPOSE OF ACHIEVING WEIGHT
 LOSS THAT ARE LAWFULLY SOLD, TRANSFERRED, OR FURNISHED  OVER-THE-COUNTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A5610D (ACTIVE) - Details

See Senate Version of this Bill:
S5823
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10138, S8089
2021-2022: A431, S16

2023-A5610D (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; exempts certain protein powders, protein drinks and foods.

2023-A5610D (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5610--D
                                                         Cal. No. 174
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2023
                                ___________
 
 Introduced  by  M. of A. ROZIC, HEVESI, McDONALD, AUBRY, SIMON, NOVAKHOV
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection  --  reported  and  referred  to  the Committee on Codes --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said  committee -- again reported from said committee
   with amendments, ordered reprinted as amended and recommitted to  said
   committee  --  reported  from  committee, advanced to a third reading,
   amended and ordered reprinted, retaining its place  on  the  order  of
   third  reading  --  again amended on third reading, ordered reprinted,
   retaining its place on the order of third reading
 
 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.  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 THAT IS LABELED, MARKETED,  OR  OTHERWISE  REPRES-
 ENTED  FOR  THE PURPOSE OF ACHIEVING WEIGHT LOSS OR MUSCLE BUILDING, BUT
 SHALL NOT INCLUDE PROTEIN POWDERS, PROTEIN DRINKS AND FOODS MARKETED  AS
 CONTAINING  PROTEIN  UNLESS  THE  PROTEIN  POWDER, PROTEIN DRINK OR FOOD
 MARKETED AS CONTAINING PROTEIN CONTAINS AN INGREDIENT OTHER THAN PROTEIN
 WHICH WOULD, CONSIDERED  ALONE,  CONSTITUTE  A  DIETARY  SUPPLEMENT  FOR
 WEIGHT LOSS OR MUSCLE BUILDING.
   (B)  "OVER-THE-COUNTER  DIET  PILLS"  MEANS  A CLASS OF DRUGS LABELED,
 MARKETED, OR OTHERWISE REPRESENTED FOR THE PURPOSE OF  ACHIEVING  WEIGHT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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