Provides that no person shall manufacture, sell or expose for sale any product which shall be termed as a dietary supplement or nutritional supplement without branding or labeling such product with a statement that the product has or has not been tested by the United States food and drug administration; provides that the commissioner of agriculture and markets shall promulgate rules and regulations defining the terms dietary supplement and nutritional supplement.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the sale of dietary or nutritional supplements
SUMMARY OF PROVISIONS: Adds a new º 2 to º 214-m of the Agriculture and Markets Law which requires manufacturers and distributors of dietary and nutritional supplements to clearly indicate on the package whether the product has been tested by the FDA.
JUSTIFICATION: Diet and nutritional supplements are being sold in pharmacies, grocery stores, as well as health food establishments. Some manufacturers voluntarily choose to have their products tested by the FDA to insure the integrity of the product. Others do not.
This bill is intended to allow the consumer to know which products have been tested so that a more informed choice can be made when purchasing these various products. This bill deals only with the analysis of the product for purity. It does not deal with any medicinal attributes of the product.
LEGISLATIVE HISTORY: 2011-12 S.1481; 2009-10 S.1034; 2007-08, S.938; 2005-06, S.1095; 2003-04, S.1113; 2001-02, S .3106; 1999-2000. S.4909.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect 180 days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1649 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. LAVALLE, GOLDEN, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the sale of dietary or nutritional supplements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 214-m of the agriculture and markets law, as amended by chapter 159 of the laws of 1994, is amended to read as follows: S 214-m. Labeling of certain food products. 1. If any person, firm, corporation, partnership, association or any other business association which processes, manufactures or imports food products has placed upon or accompanying the shipping container, shipping case, pallet or invoice of such food products, any information, whether in coded form or other- wise, which specifies the expiration, "use by" date or similar date; or the lot, batch, date of manufacture or processing or other information regarding the identity of the food product; it shall be unlawful to willfully alter, mutilate, destroy, obliterate or remove such informa- tion other than in connection with the destruction of the entire ship- ping container, shipping case, pallet or invoice. The provisions of this section and any regulations promulgated hereunder shall not be deemed to require any manufacturer, processor or importer of food products to so label any food product prior to distribution in the state or to prevent a manufacturer, processor or importer of food products from correcting or causing to be corrected any of the information accompanying the ship- ping container, shipping case, pallet or invoice. The provisions of this section shall not affect any provision of federal, state or local law, ordinance, rule or regulation regarding the placing of an expiration or "use by" date on the retail container of any food product.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06179-01-3 S. 1649 2
2. NO PERSON SHALL MANUFACTURE, SELL OR EXPOSE FOR SALE ANY PRODUCT WHICH SHALL BE TERMED AS A DIETARY SUPPLEMENT OR NUTRITIONAL SUPPLEMENT WITHOUT BRANDING OR LABELING SUCH PRODUCT WITH A STATEMENT WHICH IS CLEARLY DISCERNIBLE TO A CUSTOMER THAT THE PRODUCT HAS OR HAS NOT BEEN TESTED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. THE TERMS DIETARY SUPPLEMENT AND NUTRITIONAL SUPPLEMENT SHALL BE DEFINED BY REGU- LATIONS TO BE PROMULGATED BY THE COMMISSIONER. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law except that any rules or regulations neces- sary for the timely implementation of the provisions of this act are authorized and directed to be promulgated on or before such effective date.