Bill Text: NY A06878 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that school district employees shall not knowingly sell, market, provide, distribute, endorse or recommend the use of certain dietary supplements.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A06878 Detail]

Download: New_York-2019-A06878-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6878
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 25, 2019
                                       ___________
        Introduced  by  M. of A. ORTIZ, RIVERA -- Multi-Sponsored by -- M. of A.
          CYMBROWITZ, GALEF, PERRY -- read once and referred to the Committee on
          Education
        AN ACT to amend the education law, in relation to dietary supplements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The education law is amended by adding a new section 3039
     2  to read as follows:
     3    § 3039.  Sale  and  endorsement  of  dietary  supplements.  No  school
     4  district  employee  shall  sell, market, provide, distribute, endorse or
     5  recommend, except when part of his or her required duties, such as nurs-
     6  ing  or  medical  duties  requiring  the  provision  of  supplements  as
     7  prescribed  by  a  student's medical provider, classroom teaching duties
     8  related to supplements  that  may  include  recommendations  of  certain
     9  supplements,  and  any other required duties approved by the department,
    10  the use of dietary supplements, including, but not limited to  vitamins,
    11  minerals,  herbs  or other botanicals, and amino acids, or concentrates,
    12  metabolites, constituents, extracts, or combinations of  these  ingredi-
    13  ents,  intended  for  ingestion in pill, capsule, tablet, or liquid form
    14  and not represented for use as a conventional food or as the  sole  item
    15  of  a meal or diet and labeled as a dietary supplement, as defined under
    16  the federal Food, Drug and Cosmetic Act, to any student.  The department
    17  shall develop regulations to inform schools and  their  employees  about
    18  the  restrictions,  and  exceptions,  on  selling, marketing, providing,
    19  distributing, endorsing or recommending dietary supplements to students.
    20  The department shall develop and distribute to all  schools  information
    21  about  the  potential  risks  of  using  certain dietary supplements for
    22  enhanced athletic performance, muscle  growth,  weight  loss  and  other
    23  similar  purposes. Such information shall be used by coaches, health and
    24  physical education teachers, nurses and other school district  employees
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10919-01-9
        A. 6878                             2
     1  to inform students, and their parents, about the potential risks associ-
     2  ated with such dietary supplements.
     3    § 2. This act shall take effect on the one hundred eightieth day after
     4  it  shall  have  become a law. Effective immediately the commissioner of
     5  education is authorized and directed to promulgate  any  rule  or  regu-
     6  lation or to take any other necessary action to ensure the timely imple-
     7  mentation of this act on its effective date.