Bill Text: NY A03775 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A03775 Detail]

Download: New_York-2019-A03775-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3775
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by M. of A. ORTIZ -- read once and referred 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:
     1    Section  1.  Section  214-m  of  the  agriculture  and markets law, as
     2  amended by chapter 159 of the laws  of  1994,  is  amended  to  read  as
     3  follows:
     4    § 214-m. Labeling  of  certain food products.  1. If any person, firm,
     5  corporation, partnership, association or any other business  association
     6  which  processes,  manufactures or imports food products has placed upon
     7  or accompanying the shipping container, shipping case, pallet or invoice
     8  of such food products, any information, whether in coded form or  other-
     9  wise,  which specifies the expiration, "use by" date or similar date; or
    10  the lot, batch, date of manufacture or processing or  other  information
    11  regarding  the  identity  of  the  food product; it shall be unlawful to
    12  willfully alter, mutilate, destroy, obliterate or remove  such  informa-
    13  tion  other  than in connection with the destruction of the entire ship-
    14  ping container, shipping case, pallet or invoice. The provisions of this
    15  section and any regulations promulgated hereunder shall not be deemed to
    16  require any manufacturer, processor or importer of food products  to  so
    17  label  any food product prior to distribution in the state or to prevent
    18  a manufacturer, processor or importer of food products  from  correcting
    19  or causing to be corrected any of the information accompanying the ship-
    20  ping container, shipping case, pallet or invoice. The provisions of this
    21  section  shall  not affect any provision of federal, state or local law,
    22  ordinance, rule or regulation regarding the placing of an expiration  or
    23  "use by" date on the retail container of any food product.
    24    2.    No person shall manufacture, sell or expose for sale any product
    25  which shall be termed as a dietary supplement or nutritional  supplement
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08224-01-9

        A. 3775                             2
     1  without  branding  or  labeling  such  product with a statement which is
     2  clearly discernible to a customer that the product has or has  not  been
     3  tested  by  the  United  States  food and drug administration. The terms
     4  dietary  supplement and nutritional supplement shall be defined by regu-
     5  lations to be promulgated by the commissioner.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.  Effective immediately, the addition, amend-
     8  ment and/or repeal of any rule or regulation necessary for the implemen-
     9  tation of this act on its effective date are authorized and directed  to
    10  be made and completed on or before such effective date.
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