Requires products sold as not safe for human consumption or not intended for human consumption to be labeled with their ingredients and active chemical compounds; violations of such provisions shall constitute a class A misdemeanor.
TITLE OF BILL: An act to amend the general business law, in relation to the sale and labeling of products not safe for human consumption
PURPOSE OR GENERAL IDEA OF BILL: This bill has the dual purpose of closing a loop hole for enforcing the Federal Analog Act (21 U.S.C. 813) in New York State and also protects public safety. Many new designer drugs label their products "not safe for human consumption" to avoid enforcement under the restrictive requirements of the Analog Act. However, they do not reveal what chemical compounds are being used in their production, as responsible manufacturers already do. When people axe hurt by these products, doctors and poison control are inhibited in their care by being unable to pinpoint the poisoning agent. This bill requires that products labeled "not safe for human consumption" also state their ingredients and active chemicals.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends the general business law by adding section 390-d which pertains to the sale of and labeling of products not safe for human consumption. It requires products which are not safe or unfit for human consumption to list conspicuously ingredients and active chemical compounds.
JUSTIFICATION: This bill will help to put New York at the forefront in the ongoing battle against designer drugs. Many designer drugs are legal in New York and the United States, but many only through a loophole in the Federal Analog Act which states that substances which are not intended for human consumption. This legislation has a threefold purpose:
(1) listing chemical compounds on even legal substances will help emergency department doctors and poison control help treat individuals who have overdosed or become hurt by designer drugs or other unsafe products;
(2) if manufacturers of substances which may be legal because of the Analog Act loophole decide to forgo the warning, it runs the risk of being at odds with the Analog Act; and
(3) this legislation provides a less resource-intensive method of removing these products from shelves because if the products either (i) do not comply, or (ii) if the chemicals turn out to be different than the ones stated, then the products must be removed from the market.
This bill has been amended to increase the scope of its applicability and add a penalty. The initial version amended the Agriculture and Markets Law, the intent to the moving it to the General Business Law is to have it apply not only to food products, but also to cosmetics, cleaners, plant foods, or any other guise that the producers and sellers of designer drugs may choose to avoid the law.
PRIOR LEGISLATIVE HISTORY: 2012 - S. 7096 - Agriculture
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2446 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________Introduced by Sen. KLEIN -- 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 the sale and labeling of products not safe for human consumption 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 390-d to read as follows: S 390-D. SALE AND LABELING OF PRODUCTS NOT SAFE FOR HUMAN CONSUMPTION. 1. EVERY PRODUCT SOLD IN THIS STATE WHICH IS LABELED OR THE CONTAINER OF WHICH IS LABELED "NOT SAFE FOR HUMAN CONSUMPTION", "UNFIT FOR HUMAN CONSUMPTION" OR WITH SIMILAR LANGUAGE, AND EVERY PRODUCT SOLD IN THIS STATE WHICH IS NOT INTENDED FOR HUMAN CONSUMPTION SHALL HAVE A LABEL AFFIXED THERETO, UPON WHICH THERE SHALL BE PLAINLY AND CONSPICUOUSLY PRINTED A LIST OF ALL INGREDIENTS AND ACTIVE CHEMICAL COMPOUNDS WHICH COMPRISE SUCH PRODUCT IN LETTERS AND FIGURES COMMENSURATE WITH THE SIZE OF THE PRODUCT OR CONTAINER AS SHALL BE DETERMINED AND FIXED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH. 2. THE REQUIREMENTS OF THIS SECTION SHALL APPLY IN ADDITION TO ANY OTHER LABELING REQUIREMENTS ESTABLISHED PURSUANT TO ANY OTHER PROVISION OF LAW. 3. ANY VIOLATION OF THIS SECTION SHALL BE A CLASS A MISDEMEANOR. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06802-01-3