Bill Text: NJ A2141 | 2018-2019 | Regular Session | Introduced


Bill Title: Establishes New Jersey Dietary Supplements Task Force to make recommendations concerning safety and regulation of dietary supplements sold in New Jersey.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-01-29 - Introduced, Referred to Assembly Health and Senior Services Committee [A2141 Detail]

Download: New_Jersey-2018-A2141-Introduced.html

ASSEMBLY, No. 2141

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 29, 2018

 


 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Establishes New Jersey Dietary Supplements Task Force to make recommendations concerning safety and regulation of dietary supplements sold in New Jersey.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing the New Jersey Dietary Supplements Task Force.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  There is established in the Department of Health the New Jersey Dietary Supplements Task Force, which shall be responsible for examining and making recommendations for legislative or executive action with regard to the sale and use of dietary supplements in this State, including, but not limited to:

     (1)   quality control requirements;

     (2)   facility and product inspections;

     (3)   manufacturer reporting requirements;

     (4)   batch testing requirements, including whether to mandate batch testing by the State;

     (5)   establishing a collaborative system to share batch test results and adverse incident reports with other states;

     (6)   the treatment of patients following adverse incidents;

     (7)   reporting adverse incidents to appropriate State and federal agencies;

     (8)   restricting or banning the sale of specific products;

     (9)   establishing age restrictions to purchase dietary supplements;

     (10) imposing new fees or taxes on dietary supplements;

     (11) mandating additional labeling or signage requirements; and

     (12) public education and outreach programs.

     b.    The task force shall consist of seven members, to be appointed as follows: the Commissioner of Health, the Attorney General, and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or their designees, who shall serve ex officio; and four public members, with two public members appointed by the Governor, one public member appointed by the President of the Senate, and one public member appointed by the Speaker of the General Assembly.  The public members shall have a significant background in matters pertaining to the public health, patient care, nutritional, or consumer affairs implications of dietary supplements.

     c.     Vacancies in the membership of the task force shall be filled in the same manner provided for the original appointments.

     d.    The task force shall organize as soon as practicable following the appointment of its members and shall select a chairperson from among the members.  The chairperson shall appoint a secretary who need not be a member of the task force.

     e.     Members of the task force shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties as members of the task force, within the limits of funds appropriated or otherwise made available to the task force for its purposes.

     f.     The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.

     g.    The Department of Health shall provide staff support to the task force.

     h.    No later than one year after organization, the task force shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report of its findings and recommendations for legislative, executive, or any other action as may be appropriate to improve the safety and quality of dietary supplements offered for sale in this State.  The task force shall expire upon submission of its report.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill establishes the New Jersey Dietary Supplements Task Force in the Department of Health.  The task force will be responsible for examining and making recommendations for legislative or executive action with regard to the sale and use of dietary supplements in this State, including, but not limited to: quality control requirements; facility and product inspections; manufacturer reporting requirements; batch testing requirements, including whether to mandate batch testing by the State; establishing a collaborative system to share test results and adverse incident reports with other states; the treatment of patients following adverse incidents; reporting adverse incidents to appropriate State and federal agencies; restricting or banning the sale of specific products; establishing age restrictions to purchase dietary supplements; imposing new fees or taxes on dietary supplements; mandating additional labeling or signage requirements; and public education and outreach programs.

     The task force will consist of seven members: the Commissioner of Health, the Attorney General, and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or their designees, who will serve ex officio; and four public members, with two appointed by the Governor and one each appointed by the President of the Senate and the Speaker of the General Assembly.  The public members are to have a significant background in matters pertaining to the public health, patient care, nutritional, or consumer affairs implications of dietary supplements.  Vacancies in the membership of the task force will be filled in the same manner provided for the original appointments.

     The task force will organize as soon as practicable following the appointment of its members and select a chairperson from among the members; the chairperson will appoint a secretary, who need not be a member of the task force.  Members of the task force will serve without compensation, but will be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available.  The task force will be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.  The Department of Health will provide staff support to the task force.

     No later than one year after organization, the task force will be required to submit to the Governor and to the Legislature a report of its findings and recommendations for legislative, executive, or any other action as may be appropriate to improve the safety and quality of dietary supplements offered for sale in New Jersey.  The task force will expire upon submission of its report.

     Dietary supplements are a class of consumer product that is not classified as either food or drugs, and includes vitamins, minerals, herbs, botanicals, amino acids, concentrates, metabolites, constituents, and extracts.  Although the federal Food and Drug Administration (FDA) oversees the marketing and labeling of dietary supplements and is authorized to investigate reports of adverse incidents, it does not currently perform premarket testing of the supplements or require FDA approval before they are marketed.  Studies suggest that many supplements currently available on the market are mislabeled, lack clear dosage instructions, or are adulterated with contaminants, with the result that supplements often do not contain the ingredients listed on the label, contain additional, unlisted ingredients, or contain ingredients in quantities different than those listed.  The consumption of mislabeled or adulterated substances can pose significant health risks for consumers.

     It is the sponsor's belief that establishing the New Jersey Dietary Supplement Task Force is an important step in determining what actions may be taken at the State level to improve the quality and safety of dietary supplements marketed in New Jersey to better safeguard the health of New Jersey consumers.

feedback