NY State Assembly Bill 2013-A4613A

Assembly Bill A4613A

2013-2014 Legislative Session

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
May 30, 2013	print number 4613a
May 30, 2013	amend (t) and recommit to health
Feb 06, 2013	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

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2013-A4613 - Details

See Senate Version of this Bill:: S2377
Current Committee:: Assembly Health
Law Section:: General Business Law
Laws Affected:: Add §391-s, Gen Bus L; add §1311, Pub Health L

2013-A4613 - Summary

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive.

2013-A4613 - Bill Text download pdf

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

                                  4613

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  sale  and  promotional  distribution of products for human consumption
  containing DMAA

  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 article
13-C to read as follows:
                              ARTICLE 13-C
                           REGULATION OF DMAA
SECTION 1397.   DEFINITIONS.
        1397-A. SALE OR PROMOTIONAL DISTRIBUTION OF PRODUCTS  CONTAINING
                  DMAA.
        1397-B. ENFORCEMENT.
        1397-C. PENALTIES.
  S 1397. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1. "DMAA" MEANS ANY OF THE FOLLOWING SUBSTANCES:
  (A) 1, 3-DIMETHYLAMYLAMINE;
  (B) 4-METHYLHEXANE-2-AMINE (IUPAC);
  (C) DIMETHYLAMYLAMINE (DMAA);
  (D) METHYLHEXANAMINE; AND
  (E)  ANY  OTHER  SYNTHETIC  OR  MANUFACTURED DMAA AS PRESCRIBED BY THE
COMMISSIONER.
  2. "ENFORCEMENT OFFICER" MEANS THE BOARD OF HEALTH OF A COUNTY OR PART
COUNTY HEALTH DISTRICT ESTABLISHED PURSUANT TO TITLE  THREE  OF  ARTICLE
THREE OF THIS CHAPTER, OR IN THE ABSENCE THEREOF, AN OFFICER OF A COUNTY
DESIGNATED FOR SUCH PURPOSE BY RESOLUTION OF THE ELECTED COUNTY LEGISLA-
TURE  OR  BOARD OF SUPERVISORS. ANY SUCH DESIGNATION SHALL BE FILED WITH
THE COMMISSIONER WITHIN THIRTY DAYS AFTER ADOPTION AND SUCH  DESIGNATION
SHALL  TAKE EFFECT THIRTY DAYS AFTER SUCH FILING. IF NO SUCH DESIGNATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07852-01-3

A. 4613                             2

IS MADE, THE COUNTY SHALL BE DEEMED TO HAVE DESIGNATED THE DEPARTMENT AS
ITS ENFORCEMENT OFFICER. THE ENFORCEMENT OFFICER SHALL HAVE SOLE  JURIS-
DICTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE ON A COUNTYWIDE BASIS.
  S  1397-A.  SALE  OR  PROMOTIONAL  DISTRIBUTION OF PRODUCTS CONTAINING
DMAA. NO PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY  OR  OTHER  ENTITY  SHALL SELL, OFFER TO SELL OR GIVE
AWAY, AT EITHER RETAIL, WHOLESALE,  OR  FOR  PROMOTIONAL  PURPOSES,  ANY
PRODUCT FOR HUMAN CONSUMPTION WHICH CONTAINS DMAA.
  S 1397-B. ENFORCEMENT. 1. IF THE ENFORCEMENT OFFICER DETERMINES, AFTER
A  HEARING,  THAT A VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-SEVEN-A
OF THIS ARTICLE HAS OCCURRED, A CIVIL PENALTY  MAY  BE  IMPOSED  BY  THE
ENFORCEMENT  OFFICER PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-SEVEN-C
OF THIS ARTICLE. WHEN THE ENFORCEMENT OFFICER IS THE  COMMISSIONER,  THE
HEARING  SHALL  BE  CONDUCTED  PURSUANT  TO  THE  PROVISIONS  OF SECTION
TWELVE-A OF THIS CHAPTER. WHEN THE ENFORCEMENT OFFICER  IS  A  BOARD  OF
HEALTH  OR AN OFFICER DESIGNATED TO ENFORCE THE PROVISIONS OF THIS ARTI-
CLE, THE HEARING SHALL BE CONDUCTED PURSUANT TO PROCEDURES SET FORTH  IN
THE  COUNTY SANITARY CODE, OR IN THE ABSENCE THEREOF, PURSUANT TO PROCE-
DURES ESTABLISHED BY THE ELECTED COUNTY LEGISLATURE OR BOARD OF SUPERVI-
SORS. NO OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED,  PROVIDED  THAT
NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN ENFORCEMENT
OFFICER FROM COMMENCING A PROCEEDING FOR  INJUNCTIVE  RELIEF  TO  COMPEL
COMPLIANCE WITH THIS ARTICLE.
  2.  ANY  PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  3. ANY PERSON AGGRIEVED BY THE DECISION  OF  AN  ENFORCEMENT  OFFICER,
OTHER  THAN  THE  COMMISSIONER, MAY APPEAL TO THE COMMISSIONER TO REVIEW
SUCH DECISION WITHIN THIRTY DAYS OF SUCH DECISION. THE DECISION  OF  ANY
ENFORCEMENT   OFFICER   SHALL   BE   REVIEWABLE   PURSUANT   TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  4. THE ENFORCEMENT OFFICER,  SUBSEQUENT  TO  ANY  APPEAL  HAVING  BEEN
FINALLY  DETERMINED,  MAY  BRING  AN ACTION TO RECOVER THE CIVIL PENALTY
PROVIDED IN SECTION THIRTEEN HUNDRED NINETY-SEVEN-C OF THIS  ARTICLE  IN
ANY COURT OF COMPETENT JURISDICTION.
  S 1397-C. PENALTIES. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A
VIOLATION  OF  THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN
SUBDIVISION ONE OF SECTION TWELVE OF THIS CHAPTER. ANY OTHER ENFORCEMENT
OFFICER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN
AMOUNT NOT TO EXCEED THAT SET FORTH IN PARAGRAPH F OF SUBDIVISION ONE OF
SECTION THREE HUNDRED NINE OF THIS CHAPTER.
  S 2. This act shall take effect immediately.

co-Sponsors

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multi-Sponsors

View additional multi-sponsors

2013-A4613A (ACTIVE) - Details

See Senate Version of this Bill:: S2377
Current Committee:: Assembly Health
Law Section:: General Business Law
Laws Affected:: Add §391-s, Gen Bus L; add §1311, Pub Health L

2013-A4613A (ACTIVE) - Summary

Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive.

2013-A4613A (ACTIVE) - Bill Text download pdf

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

                                 4613--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMEL,  ENGLEBRIGHT,  DINOWITZ, MONTESANO,
  JAFFEE, BENEDETTO, SCARBOROUGH, OTIS, ROBERTS -- Multi-Sponsored by --
  M. of A. COOK, JACOBS, McDONALD, McKEVITT, PERRY, RA, ROBINSON,  WEIS-
  ENBERG -- read once and referred to the Committee on Health -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the general business law and the public health  law,  in
  relation  to  prohibiting sale and distribution of dietary supplements
  containing DMAA and foods containing an unsafe DMAA food additive

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

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S  391-S. DMAA DIETARY SUPPLEMENTS AND FOOD ADDITIVES; PROHIBITION. 1.
NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED  LIABIL-
ITY  COMPANY OR OTHER ENTITY SHALL SELL, OFFER TO SELL OR GIVE AWAY, FOR
EITHER RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, A  DIETARY  SUPPLEMENT
CONTAINING  ANY  QUANTITY  OF  DMAA, OR A FOOD CONTAINING AN UNSAFE DMAA
FOOD ADDITIVE.
  2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS HAVE THE  FOLLOW-
ING MEANINGS:
  (A) "DIETARY SUPPLEMENT" MEANS A PRODUCT (OTHER THAN TOBACCO) THAT (1)
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; (2) IS INTENDED FOR INGESTION IN PILL, CAPSULE,  TABLET  OR
LIQUID  FORM;  AND  (3) IS LABELED AS A "DIETARY SUPPLEMENT" PURSUANT TO
THE FEDERAL DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT, 21 U.S.C.  321,
AS AMENDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07852-07-3

A. 4613--A                          2

  (B)  "DMAA" MEANS 1, 3-DIMETHYLAMYLAMINE (ALSO KNOWN AS 1,3-DMAA, 1,3-
DIMETHYLPENTYLAMINE, 2-AMINO-4-METHYLHEXANE,  2-HEXANAMINE,  4-METHYL-2-
HEXANAMINE,   4-METHYL-2-HEXYLAMINE,  4-METHYLHEXANE-2-AMINE,  4-METHYL-
(9CI), DIMETHYLAMYLAMINE, GERANAMINE, AND METHYLHEXANAMINE).
  (C)  "FOOD" MEANS ALL ARTICLES OF FOOD, DRINK, CONFECTIONERY OR CONDI-
MENT, WHETHER SIMPLE, MIXED OR COMPOUND, USED OR  INTENDED  FOR  USE  BY
HUMANS  OR ANIMALS, AND SHALL ALSO INCLUDE ALL SUBSTANCES OR INGREDIENTS
TO BE ADDED TO FOOD FOR ANY PURPOSE. SUCH  TERM  SHALL  INCLUDE  CHEWING
GUM.
  (D)  "UNSAFE  DMAA  FOOD ADDITIVE" MEANS A FOOD ADDITIVE THAT CONTAINS
DMAA THAT HAS NOT BEEN RECOGNIZED BY THE COMMISSIONER OF AGRICULTURE AND
MARKETS AS SAFE, FOR THE PURPOSE OF ENFORCEMENT OF ARTICLE SEVENTEEN  OF
THE AGRICULTURE AND MARKETS LAW.
  3.   NOTHING   IN   THIS   SECTION   SHALL  APPLY  TO  NONPRESCRIPTION
OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY THE FOOD AND DRUG ADMIN-
ISTRATION.
  4. ANY ENFORCEMENT OFFICER, AS DEFINED  IN  SECTION  THIRTEEN  HUNDRED
ELEVEN OF THE PUBLIC HEALTH LAW, SHALL HAVE THE POWER TO IMPOSE UPON ANY
PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY
COMPANY OR OTHER ENTITY THE CIVIL PENALTIES AUTHORIZED BY SUCH  SECTION,
FOLLOWING  A  HEARING CONDUCTED IN THE SAME MANNER AS HEARINGS CONDUCTED
PURSUANT TO ARTICLE THIRTEEN-E OF THE PUBLIC HEALTH LAW.
  S 2. The public health law is amended by adding a new section 1311  to
read as follows:
  S  1311.  REGULATION OF DMAA.  1. FOR THE PURPOSE OF THIS SECTION, THE
TERM "ENFORCEMENT OFFICER" SHALL MEAN ANY ENTITY SO  DESIGNATED  BY  ANY
MUNICIPALITY  OR POLITICAL SUBDIVISION.  SUCH ENFORCEMENT OFFICERS SHALL
HAVE CONCURRENT  JURISDICTION  WITH  THE  COMMISSIONER  TO  ENFORCE  THE
PROVISIONS OF SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL BUSINESS
LAW, PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
  2.  IF  AN  ENFORCEMENT  OFFICER  DETERMINES  AFTER  A  HEARING THAT A
VIOLATION OF SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL  BUSINESS
LAW  HAS  OCCURRED, AND SUBSEQUENT TO ANY APPEAL PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION HAVING BEEN FINALLY DETERMINED, A CIVIL PENALTY MAY
BE IMPOSED BY THE ENFORCEMENT OFFICER; PROVIDED, HOWEVER, THAT  NO  SUCH
PENALTY  SHALL EXCEED FIVE HUNDRED DOLLARS. WHEN THE ENFORCEMENT OFFICER
IS THE COMMISSIONER, THE HEARING SHALL  BE  CONDUCTED  PURSUANT  TO  THE
PROVISIONS  OF  SECTION  TWELVE-A  OF THIS CHAPTER. WHEN THE ENFORCEMENT
OFFICER IS A BOARD OF HEALTH OR IN A CITY WITH A POPULATION OF MORE THAN
ONE MILLION, THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE, OR AN  OFFICER
DESIGNATED   TO   ENFORCE   THE  PROVISIONS  OF  SECTION  THREE  HUNDRED
NINETY-ONE-S OF THE GENERAL BUSINESS LAW, THE HEARING SHALL BE CONDUCTED
PURSUANT TO PROCEDURES SET FORTH IN THE COUNTY SANITARY CODE, OR  HEALTH
CODE  OF  SUCH  CITY,  OR IN THE ABSENCE THEREOF, PURSUANT TO PROCEDURES
ESTABLISHED BY THE ELECTED COUNTY LEGISLATURE OR BOARD  OF  SUPERVISORS.
NO OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED, PROVIDED THAT NOTHING
IN  THIS  SECTION  SHALL BE CONSTRUED TO PROHIBIT AN ENFORCEMENT OFFICER
FROM COMMENCING A PROCEEDING FOR INJUNCTIVE RELIEF TO COMPEL  COMPLIANCE
WITH SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL BUSINESS LAW.
  3.  ANY  PERSON WHO DESIRES TO REGISTER A COMPLAINT FOR A VIOLATION OF
SECTION THREE HUNDRED NINETY-ONE-S OF THE GENERAL BUSINESS LAW MAY DO SO
WITH THE APPROPRIATE ENFORCEMENT OFFICER.
  4. ANY PERSON AGGRIEVED BY THE DECISION  OF  AN  ENFORCEMENT  OFFICER,
OTHER THAN THE COMMISSIONER, MAY APPEAL TO THE COMMISSIONER FOR A REVIEW
OF  SUCH  DECISION  WITHIN THIRTY DAYS OF SUCH DECISION. THE DECISION OF

A. 4613--A                          3

ANY ENFORCEMENT OFFICER SHALL BE REVIEWABLE PURSUANT TO  ARTICLE  SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR OTHER ENTITY THAT  SOLD,
OFFERED  FOR  SALE  OR GAVE AWAY, FOR EITHER RETAIL, WHOLESALE OR PROMO-
TIONAL PURPOSES, A DIETARY SUPPLEMENT, DID NOT HAVE KNOWLEDGE  THAT  THE
DIETARY  SUPPLEMENT  CONTAINED  ANY  QUANTITY  OF DMAA, OR THAT THE FOOD
CONTAINED AN UNSAFE DMAA  FOOD  ADDITIVE,  IF  SUCH  KNOWLEDGE  WAS  NOT
REASONABLY DISCOVERABLE.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Assembly Bill A4613A

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Sponsored By

SCHIMEL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Steven Englebright

Jeffrey Dinowitz

Michael Montesano

Ellen C. Jaffee

multi-Sponsors

Vivian Cook

Rhoda Jacobs

John T. McDonald III

Thomas McKevitt

2013-A4613 - Details

2013-A4613 - Summary

2013-A4613 - Bill Text download pdf

co-Sponsors

Steven Englebright

Jeffrey Dinowitz

Michael Montesano

Ellen C. Jaffee

multi-Sponsors

Vivian Cook

Rhoda Jacobs

John T. McDonald III

Thomas McKevitt

2013-A4613A (ACTIVE) - Details

2013-A4613A (ACTIVE) - Summary

2013-A4613A (ACTIVE) - Bill Text download pdf

Comments