Bill Text: NY A04905 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 4905 (Prior Session Legislation)

Introduced

Bill Title: Provides school district employees shall not knowingly sell, market, provide, distribute, endorse or recommend the use of certain dietary supplements.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-01-08 - referred to education [A04905 Detail]

Download: New_York-2013-A04905-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4905
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced  by M. of A. ORTIZ, ROBINSON, RIVERA -- Multi-Sponsored by --
         M. of A. CYMBROWITZ, GALEF, HOOPER, PERRY -- read once and referred to
         the Committee on Education
       AN ACT to amend the education law, in relation to dietary supplements
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The education law is amended by adding a new section 3036
    2  to read as follows:
    3    S 3036.  SALE  AND  ENDORSEMENT  OF  DIETARY  SUPPLEMENTS.  NO  SCHOOL
    4  DISTRICT  EMPLOYEE  SHALL  SELL, MARKET, PROVIDE, DISTRIBUTE, ENDORSE OR
    5  RECOMMEND, EXCEPT WHEN PART OF HIS OR HER REQUIRED DUTIES, SUCH AS NURS-
    6  ING  OR  MEDICAL  DUTIES  REQUIRING  THE  PROVISION  OF  SUPPLEMENTS  AS
    7  PRESCRIBED  BY  A  STUDENT'S MEDICAL PROVIDER, CLASSROOM TEACHING DUTIES
    8  RELATED TO SUPPLEMENTS  THAT  MAY  INCLUDE  RECOMMENDATIONS  OF  CERTAIN
    9  SUPPLEMENTS,  AND  ANY OTHER REQUIRED DUTIES APPROVED BY THE DEPARTMENT,
   10  THE USE OF DIETARY SUPPLEMENTS, INCLUDING, BUT NOT LIMITED TO  VITAMINS,
   11  MINERALS,  HERBS  OR OTHER BOTANICALS, AND AMINO ACIDS, OR CONCENTRATES,
   12  METABOLITES, CONSTITUENTS, EXTRACTS, OR COMBINATIONS OF  THESE  INGREDI-
   13  ENTS,  INTENDED  FOR  INGESTION IN PILL, CAPSULE, TABLET, OR LIQUID FORM
   14  AND NOT REPRESENTED FOR USE AS A CONVENTIONAL FOOD OR AS THE  SOLE  ITEM
   15  OF  A MEAL OR DIET AND LABELED AS A DIETARY SUPPLEMENT, AS DEFINED UNDER
   16  THE FEDERAL FOOD, DRUG AND COSMETIC ACT, TO ANY STUDENT.  THE DEPARTMENT
   17  SHALL DEVELOP REGULATIONS TO INFORM SCHOOLS AND  THEIR  EMPLOYEES  ABOUT
   18  THE  RESTRICTIONS,  AND  EXCEPTIONS,  ON  SELLING, MARKETING, PROVIDING,
   19  DISTRIBUTING, ENDORSING OR RECOMMENDING DIETARY SUPPLEMENTS TO STUDENTS.
   20  THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE TO ALL  SCHOOLS  INFORMATION
   21  ABOUT  THE  POTENTIAL  RISKS  OF  USING  CERTAIN DIETARY SUPPLEMENTS FOR
   22  ENHANCED ATHLETIC PERFORMANCE, MUSCLE  GROWTH,  WEIGHT  LOSS  AND  OTHER
   23  SIMILAR  PURPOSES. SUCH INFORMATION SHALL BE USED BY COACHES, HEALTH AND
   24  PHYSICAL EDUCATION TEACHERS, NURSES AND OTHER SCHOOL DISTRICT  EMPLOYEES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08650-01-3
       A. 4905                             2
    1  TO INFORM STUDENTS, AND THEIR PARENTS, ABOUT THE POTENTIAL RISKS ASSOCI-
    2  ATED WITH SUCH DIETARY SUPPLEMENTS.
    3    S 2. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law; provided, however, that effective immediate-
    5  ly  the  commissioner of education is authorized and directed to promul-
    6  gate any rule or regulation or to take any  other  necessary  action  to
    7  ensure the timely implementation of this act on its effective date.