S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2552

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sens.  LAVALLE,  DIAZ,  HANNON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in  relation  to  establishing  a
  dietary supplements safety committee

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding a new section 22
to read as follows:
  S 22. DIETARY SUPPLEMENTS SAFETY COMMITTEE.  1. THERE IS HEREBY ESTAB-
LISHED IN THE DEPARTMENT THE DIETARY SUPPLEMENTS SAFETY COMMITTEE TO  BE
COMPOSED  OF  EIGHTEEN  MEMBERS  WHO SHALL BE APPOINTED IN THE FOLLOWING
MANNER: THREE SHALL BE APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE;  TWO  SHALL  BE  APPOINTED BY THE MINORITY LEADER OF THE SENATE;
THREE SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;  TWO  SHALL  BE
APPOINTED  BY  THE  MINORITY  LEADER OF THE ASSEMBLY; AND EIGHT SHALL BE
APPOINTED BY THE GOVERNOR. THE GOVERNOR SHALL DESIGNATE THE  CHAIRPERSON
OF  THE COMMITTEE.  THE MEMBERS OF THE COMMITTEE SHALL BE REPRESENTATIVE
OF THE PUBLIC HEALTH FIELD, HEALTH CARE SERVICES  PROVIDERS,  DIETICIANS
AND  NUTRITIONISTS.    SUCH APPOINTING OFFICIALS SHALL EITHER REPLACE OR
REAPPOINT THE MEMBERS OF SUCH COMMITTEE FOR THREE YEAR TERMS,  ACCORDING
TO THE FOLLOWING SCHEDULE:
  (A)  EFFECTIVE  JANUARY FIRST, TWO THOUSAND ELEVEN: ANY THREE ORIGINAL
APPOINTEES OF THE GOVERNOR, ONE  ORIGINAL  APPOINTEE  OF  THE  TEMPORARY
PRESIDENT  OF  THE  SENATE, ONE ORIGINAL APPOINTEE OF THE SPEAKER OF THE
ASSEMBLY AND ONE ORIGINAL  APPOINTEE  OF  THE  MINORITY  LEADER  OF  THE
SENATE;
  (B)  EFFECTIVE  JANUARY  FIRST,  TWO THOUSAND TWELVE: ANY THREE OF THE
REMAINING ORIGINAL APPOINTEES OF THE  GOVERNOR,  ONE  OF  THE  REMAINING
ORIGINAL APPOINTEES OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE OF THE
REMAINING  ORIGINAL  APPOINTEES  OF  THE SPEAKER OF THE ASSEMBLY AND ONE
ORIGINAL APPOINTEE OF THE MINORITY LEADER OF THE ASSEMBLY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09562-01-9
              

S. 2552                             2

  (C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN: THE TWO  REMAINING
ORIGINAL APPOINTEES OF THE GOVERNOR, THE REMAINING ORIGINAL APPOINTEE OF
THE  TEMPORARY PRESIDENT OF THE SENATE, THE REMAINING ORIGINAL APPOINTEE
OF THE SPEAKER OF THE ASSEMBLY, THE REMAINING ORIGINAL APPOINTEE OF  THE
MINORITY  LEADER  OF  THE SENATE AND THE REMAINING ORIGINAL APPOINTEE OF
THE MINORITY LEADER OF THE ASSEMBLY;
  (D) REPLACEMENTS OR REAPPOINTMENTS THEREAFTER SHALL  BE  MADE  AT  THE
EXPIRATION  OF  THE  TERM OF EACH MEMBER, BY THE APPOINTING OFFICIAL WHO
ORIGINALLY APPOINTED SUCH MEMBER; AND
  (E) VACANCIES SHALL BE FILLED BY APPOINTMENT IN LIKE MANNER FOR  UNEX-
PIRED TERMS.
  2.  THE  COMMITTEE  SHALL  EVALUATE THE SAFETY AND EFFICACY OF DIETARY
SUPPLEMENTS AND ITS DUTIES SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  THE
FOLLOWING:
  (A)  ESTABLISH  A  SYSTEM  OF REPORTING ADVERSE EVENTS ASSOCIATED WITH
DIETARY SUPPLEMENTS AND SUPPORT VOLUNTARY REPORTING BY CONSUMERS, HEALTH
PRACTITIONERS AND OTHERS;
  (B) ASSESS AVAILABLE DATA AND MAKE  SPECIFIC  RECOMMENDATIONS  TO  THE
COMMISSIONER  REGARDING  BANNING THE SALE OF CERTAIN DIETARY SUPPLEMENTS
THE COMMITTEE DEEMS HARMFUL; AND
  (C) ESTABLISH A PUBLIC HEALTH EDUCATION CAMPAIGN  ON  DIETARY  SUPPLE-
MENTS, WITH VARIATIONS SPECIFICALLY DIRECTED TO TARGET DIFFERENT GROUPS.
  3. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES A YEAR, AT THE
REQUEST OF THE CHAIRPERSON.
  4.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  5.  THE  COMMISSIONER  IS  HEREBY  AUTHORIZED  TO  BAN THE SALE OF ANY
DIETARY SUPPLEMENT SOLD OR OFFERED FOR SALE IN THIS STATE UPON RECOMMEN-
DATION BY THE COMMITTEE. ANY SUCH BAN MAY BE LIMITED IN ITS SCOPE TO BAN
THE SALE OF ANY SUCH SUPPLEMENT TO MINORS ONLY.
  6. FOR PURPOSES OF THIS SECTION, THE TERM "DIETARY  SUPPLEMENT"  MEANS
(A)  A  PRODUCT  (OTHER THAN TOBACCO) THAT IS INTENDED TO SUPPLEMENT THE
DIET AND THAT BEARS OR CONTAINS ONE OR MORE  OF  THE  FOLLOWING  DIETARY
INGREDIENTS:  A VITAMIN, A MINERAL, AN HERB OR OTHER BOTANICAL, AN AMINO
ACID, A DIETARY SUBSTANCE FOR THE USE BY A PERSON TO SUPPLEMENT THE DIET
BY INCREASING THE TOTAL DAILY  INTAKE,  OR  A  CONCENTRATE,  METABOLITE,
CONSTITUENT, EXTRACT, OR COMBINATIONS OF THESE INGREDIENTS; (B) INTENDED
FOR  INGESTION IN PILL, CAPSULE, TABLET, OR LIQUID FORM; AND (C) LABELED
AS A "DIETARY SUPPLEMENT" PURSUANT TO  THE  FEDERAL  DIETARY  SUPPLEMENT
HEALTH AND EDUCATION ACT, 21 U.S.C. 321, AS AMENDED.
  S  2.  This  act  shall  take effect January 1, 2010. The appointments
required to be made pursuant to subdivision  1  of  section  22  of  the
public health law, as added by section one of this act, shall be made on
or before such effective date.