S T A T E   O F   N E W   Y O R K
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    S. 3553                                                  A. 5669

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 25, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Health

IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred 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 THIRTEEN: 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 FOURTEEN: ANY THREE OF THE
REMAINING ORIGINAL APPOINTEES OF THE  GOVERNOR,  ONE  OF  THE  REMAINING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07671-01-1
              

S. 3553                             2                            A. 5669

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;
  (C)  EFFECTIVE  JANUARY FIRST, TWO THOUSAND FIFTEEN: 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,  2012.  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.