S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2277
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. COLTON,
   McDONOUGH, ZEBROWSKI -- 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 25
 to read as follows:
   § 25. 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 NINETEEN: 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 TWENTY: 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07726-01-7
              

 A. 2277                             2
 
 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 TWENTY-ONE: THE TWO REMAIN-
 ING ORIGINAL APPOINTEES OF THE GOVERNOR, THE REMAINING ORIGINAL APPOINT-
 EE 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.
   § 2. This act shall take effect  January  1,  2018.  The  appointments
 required  to  be  made  pursuant  to  subdivision 1 of section 25 of the
 public health law, as added by section one of this act, shall be made on
 or before such effective date.