Bill Text: NY S03007 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S03007 Detail]

Download: New_York-2013-S03007-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3007
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2013
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed 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
   24  APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN  ANY  PROCEEDING  INVOLVING
   25  SALE OF ANY FOOD PRODUCT, TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04257-01-3
       S. 3007                             2
    1    4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
    2  TIVE DEFENSE THAT A PERSON PURCHASING OR ATTEMPTING TO PURCHASE ANY FOOD
    3  PRODUCT CONTAINING MELATONIN PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER
    4  IDENTIFICATION  CARD  APPARENTLY  ISSUED BY A GOVERNMENT ENTITY OR OTHER
    5  IDENTIFICATION  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, SUCCESS-
    6  FULLY COMPLETED THE TRANSACTION, AND THAT THE FOOD PRODUCT SOLD TO  SUCH
    7  PERSON WAS REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION.
    8  IN  EVALUATING  THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDER-
    9  ATION SHALL BE GIVEN TO ANY WRITTEN POLICY ADOPTED  AND  IMPLEMENTED  BY
   10  THE  SELLER  TO  EFFECTUATE  THE PROVISIONS OF THIS SECTION.  USE OF ANY
   11  METHOD OF AN ELECTRONIC TRANSACTION SCAN SHALL  NOT  EXCUSE  ANY  PERSON
   12  OPERATING  A  PLACE  OF  BUSINESS WHEREIN FOOD PRODUCTS ARE SOLD, OR THE
   13  AGENT OR EMPLOYEE OF SUCH PERSON, FROM THE EXERCISE  OF  DUE  DILIGENCE.
   14  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE
   15  DEFENSE  SHALL NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR
   16  IN ANY OTHER FORUM.
   17    S 2.  This act shall take effect on the ninetieth day after  it  shall
   18  have become a law. Effective immediately, the addition, amendment and/or
   19  repeal  of  any  rule  or regulation necessary for the implementation of
   20  this act on its effective date are authorized to be made and completed.