Bill Text: NY A07627 | 2009-2010 | General Assembly | Introduced

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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 12-0)

Status: (Introduced - Dead) 2010-06-16 - held for consideration in education [A07627 Detail]

Download: New_York-2009-A07627-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7627
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 17, 2009
                                      ___________
       Introduced  by  M.  of  A. ORTIZ, PHEFFER, ROBINSON, J. RIVERA -- Multi-
         Sponsored by -- M. of A.   CYMBROWITZ, GALEF, GREENE,  HOOPER,  MAYER-
         SOHN, PERRY, P. RIVERA, TOWNS -- read once and referred to the Commit-
         tee 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.
                                                                  LBD10976-01-9
       A. 7627                             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.