S3007-2013 Actions

• Jan 28, 2013: REFERRED TO AGRICULTURE

S3007-2013 Memo

BILL NUMBER:S3007

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to prohibiting the sale of food products containing melatonin
to minors

PURPOSE:  This bill would prohibit any person, partnership, or
corporation from selling, or offering for sale, food products
containing melatonin to any person under the age of eighteen years,
and would requires stores involved in the retail sale of food products
to display such products containing melatonin in a location designated
for persons over the age of eighteen, in a manner which restricts
access to such food products.

SUMMARY OF PROVISIONS:

Section 1: amends article 3 of the agriculture and markets law, adding
section 45-d.

Sub-section 1: No person, partnership or corporation shall sell or
offer for sale in this state any food product which contains melatonin
to any person under the age of eighteen years; provided, however, that
any food naturally containing melatonin shall be exempt from the
provisions of this section.

Subdivision 2: Every person, partnership or corporation engaged in the
retail sale or rental of food products shall store and display such
food products containing melatonin in a location designated for
persons over the age of eighteen, in a manner which restricts access
to such food products.

Subdivision 3: Sale of any food products that contain melatonin shall
be made only to an individual who demonstrates, through (a) a valid
driver's license or non-driver's identification issued by the
commissioner of motor vehicles, the federal government, any United
States territory, commonwealth or possession, the District of
Columbia, a state government within the United States or a provincial
government of the dominion of Canada; or (b) a valid passport issued
by the United States government or any other country; or (c) an
identification card issued by the United States, indicating that the
individual is at least eighteen years of age. Such identification need
not be required of any individual who reasonably appears to be at
least thirty years of age, provided, however, that such appearance
shall not constitute a defense in any proceeding involving sale of any
food product, to an individual under eighteen years of age.

Subdivision 4: In any proceeding pursuant to this section, it shall be
an affirmative defense that a person purchasing or attempting to
purchase any food product containing melatonin produced a driver's
license or a non-driver identification card apparently issued by a
government entity or other identification pursuant to subdivision
three of this section, successfully completed the transaction, and
that the food product sold to such person was reasonable reliance upon
such identification and transaction. In evaluating the applicability
of such affirmative defense, consideration shall be given to any
written policy adopted and implemented by the seller to effectuate the


provisions of this section. Use of any method of an electronic
transaction scan shall not excuse any person operating a place of
business wherein food products are sold, or the agent or employee of
such person, from the exercise of due diligence.  Notwithstanding the
provisions of this subdivision, any such affirmative defense shall not
be applicable in any civil or criminal proceeding, or in any other
forum.

Section 2: Contains the effective date.

JUSTIFICATION:  In 2009, there were 5,000 melatonin-related calls into
poison control centers, most involving small children. Melatonin is
known chemically as N-acetyl-s-methoxytryptamin, and is a naturally
occurring compound found in animals, plants and microbes. While it is
a naturally-occurring compound, when ingested as a dietary supplement
in large quantities, melatonin can lead the central nervous system to
slow down and cause trouble breathing.

In recent years, food products containing melatonin have become
prevalent in stores. However, one such product is a brownie referred
to as a "Lazy Cake." Lazy Cakes are marketed toward minors, and bear a
child- friendly cartoon logo, named "Lazy Larry" - similar to the Joe
Camel cigarette ads of the past. Although there is a warning that the
product is not for children, a child who finds the product at home is
at risk of ingesting the brownie because it appears to be an average
baked good. Additionally, many store clerks are unaware that the
products contain melatonin and willingly sell them to minors who think
that they are purchasing a simple brownie. The enactment of this bill
will protect minors from encountering the potentially dangerous
effects of melatonin.

This bill would exempt foods that naturally contain melatonin, such as
oats, corn, rice, almonds, fennel seeds, cherries, lemon verbena, balm
mint (the young part of the plant) and ginger, and would thus only
apply to foods in which melatonin is an additive.

LEGISLATIVE HISTORY:  2011-2012: A.8802-A - referred to agriculture

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  The ninetieth day after it shall have become a law.

S3007-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3007
 2013-2014 Regular Sessions
 I N  SENATE
 January 28, 2013
 
 Introduced  by  Sen.  GRIFFO -- 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  prohib
 iting the sale of food products containing melatonin to minors
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Article 3 of the agriculture and markets law is amended  by
 adding a new section 45-d to read as follows:

 

S  45-D.  SALE OF FOOD PRODUCTS CONTAINING MELATONIN TO MINORS PROHIB
 ITED.  1. NO PERSON, PARTNERSHIP OR CORPORATION SHALL SELL OR OFFER  FOR
 SALE  IN  THIS  STATE  ANY  FOOD PRODUCT WHICH CONTAINS MELATONIN TO ANY
 PERSON UNDER THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT ANY FOOD
 NATURALLY CONTAINING MELATONIN SHALL BE EXEMPT FROM  THE  PROVISIONS  OF
 THIS SECTION.
 2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
 OR  RENTAL  OF  FOOD PRODUCTS SHALL STORE AND DISPLAY SUCH FOOD PRODUCTS
 CONTAINING MELATONIN IN A LOCATION DESIGNATED FOR PERSONS OVER  THE  AGE
 OF EIGHTEEN, IN A MANNER WHICH RESTRICTS ACCESS TO SUCH FOOD PRODUCTS.
 3. SALE OF ANY FOOD PRODUCTS THAT CONTAIN MELATONIN SHALL BE MADE ONLY
 TO  AN INDIVIDUAL WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S LICENSE
 OR NON-DRIVER'S IDENTIFICATION ISSUED BY THE COMMISSIONER OF MOTOR VEHI
 CLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITORY,  COMMONWEALTH
 OR  POSSESSION,  THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE
 UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF  CANADA;  OR
 (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
 COUNTRY;  OR  (C)  AN  IDENTIFICATION  CARD ISSUED BY THE UNITED STATES,
 INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF  AGE.  SUCH
 IDENTIFICATION  NEED  NOT  BE  REQUIRED OF ANY INDIVIDUAL WHO REASONABLY
 APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
 APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN  ANY  PROCEEDING  INVOLVING
 SALE OF ANY FOOD PRODUCT, TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04257-01-3
 
       S. 3007                             2
 4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA
 TIVE DEFENSE THAT A PERSON PURCHASING OR ATTEMPTING TO PURCHASE ANY FOOD
 PRODUCT CONTAINING MELATONIN PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER
 IDENTIFICATION  CARD  APPARENTLY  ISSUED BY A GOVERNMENT ENTITY OR OTHER
 IDENTIFICATION  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, SUCCESS
 FULLY COMPLETED THE TRANSACTION, AND THAT THE FOOD PRODUCT SOLD TO  SUCH
 PERSON WAS REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION.
 IN  EVALUATING  THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDER
 ATION SHALL BE GIVEN TO ANY WRITTEN POLICY ADOPTED  AND  IMPLEMENTED  BY
 THE  SELLER  TO  EFFECTUATE  THE PROVISIONS OF THIS SECTION.  USE OF ANY
 METHOD OF AN ELECTRONIC TRANSACTION SCAN SHALL  NOT  EXCUSE  ANY  PERSON
 OPERATING  A  PLACE  OF  BUSINESS WHEREIN FOOD PRODUCTS ARE SOLD, OR THE
 AGENT OR EMPLOYEE OF SUCH PERSON, FROM THE EXERCISE  OF  DUE  DILIGENCE.
 NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE
 DEFENSE  SHALL NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR
 IN ANY OTHER FORUM.
 

S 2.  This act shall take effect on the ninetieth day after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made and completed.

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