S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the general business law, in  relation  to  establishing
   restrictions  on  the  sale of over-the-counter diet pills and dietary
   supplements for weight loss or muscle building  and  increasing  civil
   penalties  for the sale or promotional distribution of dietary supple-
   ments containing ephedra
 
   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-oo to read as follows:
   §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
 FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  NO  PERSON,  FIRM,  CORPORATION,
 PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
 SHALL SELL OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL  OR  WHOLE-
 SALE  PROMOTION, AN OVER-THE-COUNTER DIET PILL OR DIETARY SUPPLEMENT FOR
 WEIGHT LOSS OR MUSCLE BUILDING WITHIN NEW YORK STATE TO ANY PERSON UNDER
 EIGHTEEN YEARS OF AGE.
   2. FOR PURPOSES OF THIS SECTION THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "DIETARY  SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING" MEANS A
 CLASS OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED  NINETY-
 ONE-O OF THIS ARTICLE SOLD FOR OR USED WITH THE INTENT TO ACHIEVE WEIGHT
 LOSS OR BUILD MUSCLE;
   (B)  "OVER-THE-COUNTER DIET PILLS" MEANS A CLASS OF DRUGS, SOLD FOR OR
 USED WITH THE INTENT TO ACHIEVE WEIGHT LOSS OR  BUILD  MUSCLE  THAT  ARE
 LAWFULLY  SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER WITH OR WITH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02670-03-1

 S. 16--A                            2
 
 OUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT,
 21 U.S.C. SECTION 301 ET. SEQ., OR REGULATIONS ADOPTED THEREUNDER; AND
   (C)  "DIETARY  SUPPLEMENTS  FOR  WEIGHT  LOSS  OR MUSCLE BUILDING" AND
 "OVER-THE-COUNTER DIET PILLS" MAY INCLUDE, BUT ARE NOT LIMITED TO, THER-
 MOGENS, WHICH ARE SUBSTANCES THAT PRODUCE HEAT IN THE BODY  AND  PROMOTE
 MORE  CALORIE  BURNING, LIPOTROPICS, WHICH ARE COMPOUNDS THAT HELP BREAK
 DOWN FAT DURING BODY METABOLISM, HORMONES, INCLUDING HORMONE  MODULATORS
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN TWO THOUSAND DOLLARS.
   §  2.  Subdivision  4 of section 391-o of the general business law, as
 added by chapter 385 of the laws of 2003, is amended to read as follows:
   4. Any person, firm, corporation,  partnership,  association,  limited
 liability  company, or other entity that violates the provisions of this
 section by selling, offering to sell, or giving away as either a  retail
 or  wholesale promotion, a dietary supplement containing any quantity of
 ephedrine alkaloids shall be subject to a civil penalty of not more than
 [five hundred] TWO THOUSAND dollars per  violation,  recoverable  in  an
 action  by  any  enforcement authority designated by any municipality or
 political subdivision.
   § 3. The department of health, in consultation with  other  state  and
 federal  agencies,  as appropriate, and relevant stakeholders including,
 but not limited to, the eating disorders community, shall determine what
 products constitute over-the-counter diet pills, or dietary  supplements
 for weight loss or muscle building shall have limited accessibility.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, BIAGGI, BRISPORT, BROOKS, BROUK, HARCKHAM,
   MYRIE, SEPULVEDA -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Consumer Protection -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the general business law, in relation to establishing
   restrictions on the sale of over-the-counter diet  pills  and  dietary
   supplements  for  weight  loss or muscle building and increasing civil
   penalties for the sale or promotional distribution of dietary  supple-
   ments containing ephedra
 
   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-oo to read as follows:
   § 391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY  SUPPLEMENTS
 FOR  WEIGHT  LOSS  OR  MUSCLE BUILDING. 1. NO PERSON, FIRM, CORPORATION,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY,  OR  OTHER  ENTITY
 SHALL  SELL  OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL OR WHOLE-
 SALE PROMOTION, AN OVER-THE-COUNTER DIET PILL OR DIETARY SUPPLEMENT  FOR
 WEIGHT LOSS OR MUSCLE BUILDING WITHIN NEW YORK STATE TO ANY PERSON UNDER
 EIGHTEEN  YEARS  OF  AGE  UNLESS  PRESCRIBED OR ORDERED BY A HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE SUCH PILLS OR SUPPLEMENTS UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   2. FOR PURPOSES OF THIS SECTION THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "DIETARY  SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING" MEANS A
 CLASS OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED  NINETY-
 ONE-O OF THIS ARTICLE SOLD FOR OR USED WITH THE INTENT TO ACHIEVE WEIGHT
 LOSS OR BUILD MUSCLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02670-06-1

 S. 16--B                            2
 
   (B)  "OVER-THE-COUNTER DIET PILLS" MEANS A CLASS OF DRUGS, SOLD FOR OR
 USED WITH THE INTENT TO ACHIEVE WEIGHT LOSS OR  BUILD  MUSCLE  THAT  ARE
 LAWFULLY  SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER WITH OR WITH-
 OUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT,
 21 U.S.C. SECTION 301 ET. SEQ., OR REGULATIONS ADOPTED THEREUNDER; AND
   (C)  "DIETARY  SUPPLEMENTS  FOR  WEIGHT  LOSS  OR MUSCLE BUILDING" AND
 "OVER-THE-COUNTER DIET PILLS" MAY INCLUDE, BUT ARE NOT LIMITED TO, THER-
 MOGENS, WHICH ARE SUBSTANCES THAT PRODUCE HEAT IN THE BODY  AND  PROMOTE
 MORE  CALORIE  BURNING, LIPOTROPICS, WHICH ARE COMPOUNDS THAT HELP BREAK
 DOWN FAT DURING BODY METABOLISM, HORMONES, INCLUDING HORMONE  MODULATORS
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN TWO THOUSAND DOLLARS.
   §  2.  Subdivision  4 of section 391-o of the general business law, as
 added by chapter 385 of the laws of 2003, is amended to read as follows:
   4. Any person, firm, corporation,  partnership,  association,  limited
 liability  company, or other entity that violates the provisions of this
 section by selling, offering to sell, or giving away as either a  retail
 or  wholesale promotion, a dietary supplement containing any quantity of
 ephedrine alkaloids shall be subject to a civil penalty of not more than
 [five hundred] TWO THOUSAND dollars per  violation,  recoverable  in  an
 action  by  any  enforcement authority designated by any municipality or
 political subdivision.
   § 3. The department of health, in consultation with  other  state  and
 federal  agencies,  as appropriate, and relevant stakeholders including,
 but not limited to, the eating disorders community, shall determine what
 products constitute over-the-counter diet pills, or dietary  supplements
 for weight loss or muscle building shall have limited accessibility.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, BIAGGI, BRISPORT, BROOKS, BROUK, HARCKHAM,
   MYRIE, RIVERA, SANDERS, SEPULVEDA -- read twice and  ordered  printed,
   and  when  printed  to  be  committed  to  the  Committee  on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the general business law, in relation to establishing
   restrictions on the sale of over-the-counter diet  pills  and  dietary
   supplements for weight loss or muscle building
 
   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-oo to read as follows:
   § 391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY  SUPPLEMENTS
 FOR  WEIGHT  LOSS  OR  MUSCLE BUILDING. 1. NO PERSON, FIRM, CORPORATION,
 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY,  OR  OTHER  ENTITY
 SHALL  SELL  OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL OR WHOLE-
 SALE PROMOTION, AN OVER-THE-COUNTER DIET PILL OR DIETARY SUPPLEMENT  FOR
 WEIGHT LOSS OR MUSCLE BUILDING WITHIN NEW YORK STATE TO ANY PERSON UNDER
 EIGHTEEN  YEARS  OF  AGE  UNLESS  PRESCRIBED OR ORDERED BY A HEALTH CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE SUCH PILLS OR SUPPLEMENTS UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   2. FOR PURPOSES OF THIS SECTION THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "DIETARY  SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING" MEANS A
 CLASS OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED  NINETY-
 ONE-O OF THIS ARTICLE SOLD FOR OR USED WITH THE INTENT TO ACHIEVE WEIGHT
 LOSS OR BUILD MUSCLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02670-08-1

 S. 16--C                            2
 
   (B)  "OVER-THE-COUNTER DIET PILLS" MEANS A CLASS OF DRUGS, SOLD FOR OR
 USED WITH THE INTENT TO ACHIEVE WEIGHT LOSS OR  BUILD  MUSCLE  THAT  ARE
 LAWFULLY  SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER WITH OR WITH-
 OUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT,
 21 U.S.C. SECTION 301 ET. SEQ., OR REGULATIONS ADOPTED THEREUNDER; AND
   (C)  "DIETARY  SUPPLEMENTS  FOR  WEIGHT  LOSS  OR MUSCLE BUILDING" AND
 "OVER-THE-COUNTER DIET PILLS" MAY INCLUDE, BUT ARE NOT LIMITED TO, THER-
 MOGENS, WHICH ARE SUBSTANCES THAT PRODUCE HEAT IN THE BODY  AND  PROMOTE
 MORE  CALORIE  BURNING, LIPOTROPICS, WHICH ARE COMPOUNDS THAT HELP BREAK
 DOWN FAT DURING BODY METABOLISM, HORMONES, INCLUDING HORMONE  MODULATORS
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN FIVE HUNDRED DOLLARS.
   §  2.  The  department of health, in consultation with other state and
 federal agencies, as appropriate, and relevant  stakeholders  including,
 but not limited to, the eating disorders community, shall determine what
 products  constitute over-the-counter diet pills, or dietary supplements
 for weight loss or muscle building shall have limited accessibility.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   16--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, BIAGGI, BRISPORT, BROOKS, BROUK, HARCKHAM,
   MYRIE, RIVERA, SANDERS, SEPULVEDA, THOMAS -- read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the general business law, in  relation  to  establishing
   restrictions  on  the  sale of over-the-counter diet pills and dietary
   supplements for weight loss or muscle building
 
   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-oo to read as follows:
   §  391-OO. SALE OF OVER-THE-COUNTER DIET PILLS AND DIETARY SUPPLEMENTS
 FOR WEIGHT LOSS OR MUSCLE BUILDING. 1.  NO  PERSON,  FIRM,  CORPORATION,
 PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
 SHALL SELL OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL  OR  WHOLE-
 SALE  PROMOTION, AN OVER-THE-COUNTER DIET PILL OR DIETARY SUPPLEMENT FOR
 WEIGHT LOSS OR MUSCLE BUILDING WITHIN NEW YORK STATE TO ANY PERSON UNDER
 EIGHTEEN YEARS OF AGE UNLESS PRESCRIBED OR  ORDERED  BY  A  HEALTH  CARE
 PROVIDER LEGALLY AUTHORIZED TO PRESCRIBE SUCH PILLS OR SUPPLEMENTS UNDER
 TITLE EIGHT OF THE EDUCATION LAW.
   2.  FOR  PURPOSES  OF  THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DIETARY SUPPLEMENTS FOR WEIGHT LOSS OR MUSCLE BUILDING"  MEANS  A
 CLASS  OF DIETARY SUPPLEMENT AS DEFINED IN SECTION THREE HUNDRED NINETY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02670-10-1

 S. 16--D                            2
 
 ONE-O OF THIS ARTICLE SOLD FOR OR USED WITH THE INTENT TO ACHIEVE WEIGHT
 LOSS OR BUILD MUSCLE, BUT SHALL NOT  INCLUDE  PROTEIN  POWDERS,  PROTEIN
 DRINKS  AND  FOODS  MARKETED  AS  CONTAINING  PROTEIN UNLESS THE PROTEIN
 POWDER, PROTEIN DRINK OR FOOD MARKETED AS CONTAINING PROTEIN CONTAINS AN
 INGREDIENT  OTHER THAN PROTEIN WHICH WOULD, CONSIDERED ALONE, CONSTITUTE
 A DIETARY SUPPLEMENT FOR WEIGHT LOSS OR MUSCLE BUILDING;
   (B) "OVER-THE-COUNTER DIET PILLS" MEANS A CLASS OF DRUGS, SOLD FOR  OR
 USED  WITH  THE  INTENT  TO ACHIEVE WEIGHT LOSS OR BUILD MUSCLE THAT ARE
 LAWFULLY SOLD, TRANSFERRED, OR FURNISHED OVER-THE-COUNTER WITH OR  WITH-
 OUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT,
 21 U.S.C. SECTION 301 ET. SEQ., OR REGULATIONS ADOPTED THEREUNDER; AND
   (C)  "DIETARY  SUPPLEMENTS  FOR  WEIGHT  LOSS  OR MUSCLE BUILDING" AND
 "OVER-THE-COUNTER DIET PILLS" MAY INCLUDE, BUT ARE NOT LIMITED TO, THER-
 MOGENS, WHICH ARE SUBSTANCES THAT PRODUCE HEAT IN THE BODY  AND  PROMOTE
 MORE  CALORIE  BURNING, LIPOTROPICS, WHICH ARE COMPOUNDS THAT HELP BREAK
 DOWN FAT DURING BODY METABOLISM, HORMONES, INCLUDING HORMONE  MODULATORS
 AND HORMONE MIMETICS, APPETITE SUPPRESSANTS, OR INGREDIENTS DEEMED ADUL-
 TERATED UNDER 21 U.S.C.A § 342.
   3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE  SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN FIVE HUNDRED DOLLARS.
   §  2.  The  department of health, in consultation with other state and
 federal agencies, as appropriate, and relevant  stakeholders  including,
 but not limited to, the eating disorders community, shall determine what
 products  constitute over-the-counter diet pills, or dietary supplements
 for weight loss or muscle building shall have limited accessibility.
   § 3. This act shall take effect one year after it shall have become  a
 law.