Bill Text: NY S04969 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the dietary supplements safety committee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S04969 Detail]
Download: New_York-2019-S04969-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4969 2019-2020 Regular Sessions IN SENATE April 3, 2019 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. The public health law is amended by adding a new section 25 2 to read as follows: 3 § 25. Dietary supplements safety committee. 1. There is hereby estab- 4 lished in the department the dietary supplements safety committee to be 5 composed of eighteen members who shall be appointed in the following 6 manner: three shall be appointed by the temporary president of the 7 senate; two shall be appointed by the minority leader of the senate; 8 three shall be appointed by the speaker of the assembly; two shall be 9 appointed by the minority leader of the assembly; and eight shall be 10 appointed by the governor. The governor shall designate the chairperson 11 of the committee. The members of the committee shall be representative 12 of the public health field, health care services providers, dieticians 13 and nutritionists. Such appointing officials shall either replace or 14 reappoint the members of such committee for three year terms, according 15 to the following schedule: 16 (a) Effective January first, two thousand twenty-one: Any three 17 original appointees of the governor, one original appointee of the 18 temporary president of the senate, one original appointee of the speaker 19 of the assembly and one original appointee of the minority leader of the 20 senate; 21 (b) Effective January first, two thousand twenty-two: Any three of the 22 remaining original appointees of the governor, one of the remaining 23 original appointees of the temporary president of the senate, one of the 24 remaining original appointees of the speaker of the assembly and one 25 original appointee of the minority leader of the assembly; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06703-01-9S. 4969 2 1 (c) Effective January first, two thousand twenty-three: The two 2 remaining original appointees of the governor, the remaining original 3 appointee of the temporary president of the senate, the remaining 4 original appointee of the speaker of the assembly, the remaining 5 original appointee of the minority leader of the senate and the remain- 6 ing original appointee of the minority leader of the assembly; 7 (d) Replacements or reappointments thereafter shall be made at the 8 expiration of the term of each member, by the appointing official who 9 originally appointed such member; and 10 (e) Vacancies shall be filled by appointment in like manner for unex- 11 pired terms. 12 2. The committee shall evaluate the safety and efficacy of dietary 13 supplements and its duties shall include, but not be limited to, the 14 following: 15 (a) establish a system of reporting adverse events associated with 16 dietary supplements and support voluntary reporting by consumers, health 17 practitioners and others; 18 (b) assess available data and make specific recommendations to the 19 commissioner regarding banning the sale of certain dietary supplements 20 the committee deems harmful; and 21 (c) establish a public health education campaign on dietary supple- 22 ments, with variations specifically directed to target different groups. 23 3. The advisory council shall meet at least three times a year, at the 24 request of the chairperson. 25 4. The members of the council shall receive no compensation for their 26 services, but shall be allowed their actual and necessary expenses 27 incurred in the performance of their duties. 28 5. The commissioner is hereby authorized to ban the sale of any 29 dietary supplement sold or offered for sale in this state upon recommen- 30 dation by the committee. Any such ban may be limited in its scope to ban 31 the sale of any such supplement to minors only. 32 6. For purposes of this section, the term "dietary supplement" means 33 (a) a product (other than tobacco) that is intended to supplement the 34 diet and that bears or contains one or more of the following dietary 35 ingredients: a vitamin, a mineral, an herb or other botanical, an amino 36 acid, a dietary substance for the use by a person to supplement the diet 37 by increasing the total daily intake, or a concentrate, metabolite, 38 constituent, extract, or combinations of these ingredients; (b) intended 39 for ingestion in pill, capsule, tablet, or liquid form; and (c) labeled 40 as a "dietary supplement" pursuant to the federal Dietary Supplement 41 Health and Education Act, 21 U.S.C. 321, as amended. 42 § 2. This act shall take effect January 1, 2020. The appointments 43 required to be made pursuant to subdivision 1 of section 25 of the 44 public health law, as added by section one of this act, shall be made on 45 or before such effective date.