Bill Text: NY A00272 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the sale of food products containing melatonin to minors; exempts food products naturally containing melatonin.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2014-01-08 - referred to agriculture [A00272 Detail]

Download: New_York-2013-A00272-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          272
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. BRAUNSTEIN, CASTRO, TITONE, WEPRIN, ROBERTS --
         Multi-Sponsored by -- M. of A. ARROYO, CROUCH, GIBSON, MARKEY --  read
         once and referred 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:
    1    Section  1. Article 3 of the agriculture and markets law is amended by
    2  adding a new section 45-d to read as follows:
    3    S 45-D.  SALE OF FOOD PRODUCTS CONTAINING MELATONIN TO MINORS  PROHIB-
    4  ITED.   1. NO PERSON, PARTNERSHIP OR CORPORATION SHALL SELL OR OFFER FOR
    5  SALE IN THIS STATE ANY FOOD PRODUCT  WHICH  CONTAINS  MELATONIN  TO  ANY
    6  PERSON UNDER THE AGE OF EIGHTEEN YEARS; PROVIDED, HOWEVER, THAT ANY FOOD
    7  NATURALLY  CONTAINING  MELATONIN  SHALL BE EXEMPT FROM THE PROVISIONS OF
    8  THIS SECTION.
    9    2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
   10  OR RENTAL OF FOOD PRODUCTS SHALL STORE AND DISPLAY  SUCH  FOOD  PRODUCTS
   11  CONTAINING  MELATONIN  IN A LOCATION DESIGNATED FOR PERSONS OVER THE AGE
   12  OF EIGHTEEN, IN A MANNER WHICH RESTRICTS ACCESS TO SUCH FOOD PRODUCTS.
   13    3. SALE OF ANY FOOD PRODUCTS THAT CONTAIN MELATONIN SHALL BE MADE ONLY
   14  TO AN INDIVIDUAL WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S  LICENSE
   15  OR NON-DRIVER'S IDENTIFICATION ISSUED BY THE COMMISSIONER OF MOTOR VEHI-
   16  CLES,  THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITORY, COMMONWEALTH
   17  OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT  WITHIN  THE
   18  UNITED  STATES  OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR
   19  (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
   20  COUNTRY; OR (C) AN IDENTIFICATION CARD  ISSUED  BY  THE  UNITED  STATES,
   21  INDICATING  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE. SUCH
   22  IDENTIFICATION NEED NOT BE REQUIRED OF  ANY  INDIVIDUAL  WHO  REASONABLY
   23  APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04257-01-3
       A. 272                              2
    1  APPEARANCE  SHALL  NOT  CONSTITUTE A DEFENSE IN ANY PROCEEDING INVOLVING
    2  SALE OF ANY FOOD PRODUCT, TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
    3    4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
    4  TIVE DEFENSE THAT A PERSON PURCHASING OR ATTEMPTING TO PURCHASE ANY FOOD
    5  PRODUCT CONTAINING MELATONIN PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER
    6  IDENTIFICATION  CARD  APPARENTLY  ISSUED BY A GOVERNMENT ENTITY OR OTHER
    7  IDENTIFICATION PURSUANT TO SUBDIVISION THREE OF THIS  SECTION,  SUCCESS-
    8  FULLY  COMPLETED THE TRANSACTION, AND THAT THE FOOD PRODUCT SOLD TO SUCH
    9  PERSON WAS REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION.
   10  IN EVALUATING THE APPLICABILITY OF SUCH AFFIRMATIVE  DEFENSE,  CONSIDER-
   11  ATION  SHALL  BE  GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY
   12  THE SELLER TO EFFECTUATE THE PROVISIONS OF THIS SECTION.    USE  OF  ANY
   13  METHOD  OF  AN  ELECTRONIC  TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON
   14  OPERATING A PLACE OF BUSINESS WHEREIN FOOD PRODUCTS  ARE  SOLD,  OR  THE
   15  AGENT  OR  EMPLOYEE  OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE.
   16  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE
   17  DEFENSE SHALL NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING,  OR
   18  IN ANY OTHER FORUM.
   19    S  2.   This act shall take effect on the ninetieth day after it shall
   20  have become a law. Effective immediately, the addition, amendment and/or
   21  repeal of any rule or regulation necessary  for  the  implementation  of
   22  this act on its effective date are authorized to be made and completed.