S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3775
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to the sale
   of dietary or nutritional supplements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  214-m  of  the  agriculture  and markets law, as
 amended by chapter 159 of the laws  of  1994,  is  amended  to  read  as
 follows:
   § 214-m. Labeling  of  certain food products.  1. If any person, firm,
 corporation, partnership, association or any other business  association
 which  processes,  manufactures or imports food products has placed upon
 or accompanying the shipping container, shipping case, pallet or invoice
 of such food products, any information, whether in coded form or  other-
 wise,  which specifies the expiration, "use by" date or similar date; or
 the lot, batch, date of manufacture or processing or  other  information
 regarding  the  identity  of  the  food product; it shall be unlawful to
 willfully alter, mutilate, destroy, obliterate or remove  such  informa-
 tion  other  than in connection with the destruction of the entire ship-
 ping container, shipping case, pallet or invoice. The provisions of this
 section and any regulations promulgated hereunder shall not be deemed to
 require any manufacturer, processor or importer of food products  to  so
 label  any food product prior to distribution in the state or to prevent
 a manufacturer, processor or importer of food products  from  correcting
 or causing to be corrected any of the information accompanying the ship-
 ping container, shipping case, pallet or invoice. The provisions of this
 section  shall  not affect any provision of federal, state or local law,
 ordinance, rule or regulation regarding the placing of an expiration  or
 "use by" date on the retail container of any food product.
   2.    NO PERSON SHALL MANUFACTURE, SELL OR EXPOSE FOR SALE ANY PRODUCT
 WHICH SHALL BE TERMED AS A DIETARY SUPPLEMENT OR NUTRITIONAL  SUPPLEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08224-01-9

 A. 3775                             2
 
 WITHOUT  BRANDING  OR  LABELING  SUCH  PRODUCT WITH A STATEMENT WHICH IS
 CLEARLY DISCERNIBLE TO A CUSTOMER THAT THE PRODUCT HAS OR HAS  NOT  BEEN
 TESTED  BY  THE  UNITED  STATES  FOOD AND DRUG ADMINISTRATION. THE TERMS
 DIETARY  SUPPLEMENT AND NUTRITIONAL SUPPLEMENT SHALL BE DEFINED BY REGU-
 LATIONS TO BE PROMULGATED BY THE COMMISSIONER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.