Bill Text: NY A04613 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the sale and distribution of dietary supplements containing DMAA and foods containing an unsafe DMAA food additive.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Introduced - Dead) 2014-01-08 - referred to health [A04613 Detail]

Download: New_York-2013-A04613-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4613
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2013
                                      ___________
       Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
         tee on Health
       AN ACT to amend the public health law, in relation  to  prohibiting  the
         sale  and  promotional  distribution of products for human consumption
         containing DMAA
         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 article
    2  13-C to read as follows:
    3                                ARTICLE 13-C
    4                             REGULATION OF DMAA
    5  SECTION 1397.   DEFINITIONS.
    6          1397-A. SALE OR PROMOTIONAL DISTRIBUTION OF PRODUCTS  CONTAINING
    7                    DMAA.
    8          1397-B. ENFORCEMENT.
    9          1397-C. PENALTIES.
   10    S 1397. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   11    1. "DMAA" MEANS ANY OF THE FOLLOWING SUBSTANCES:
   12    (A) 1, 3-DIMETHYLAMYLAMINE;
   13    (B) 4-METHYLHEXANE-2-AMINE (IUPAC);
   14    (C) DIMETHYLAMYLAMINE (DMAA);
   15    (D) METHYLHEXANAMINE; AND
   16    (E)  ANY  OTHER  SYNTHETIC  OR  MANUFACTURED DMAA AS PRESCRIBED BY THE
   17  COMMISSIONER.
   18    2. "ENFORCEMENT OFFICER" MEANS THE BOARD OF HEALTH OF A COUNTY OR PART
   19  COUNTY HEALTH DISTRICT ESTABLISHED PURSUANT TO TITLE  THREE  OF  ARTICLE
   20  THREE OF THIS CHAPTER, OR IN THE ABSENCE THEREOF, AN OFFICER OF A COUNTY
   21  DESIGNATED FOR SUCH PURPOSE BY RESOLUTION OF THE ELECTED COUNTY LEGISLA-
   22  TURE  OR  BOARD OF SUPERVISORS. ANY SUCH DESIGNATION SHALL BE FILED WITH
   23  THE COMMISSIONER WITHIN THIRTY DAYS AFTER ADOPTION AND SUCH  DESIGNATION
   24  SHALL  TAKE EFFECT THIRTY DAYS AFTER SUCH FILING. IF NO SUCH DESIGNATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07852-01-3
       A. 4613                             2
    1  IS MADE, THE COUNTY SHALL BE DEEMED TO HAVE DESIGNATED THE DEPARTMENT AS
    2  ITS ENFORCEMENT OFFICER. THE ENFORCEMENT OFFICER SHALL HAVE SOLE  JURIS-
    3  DICTION TO ENFORCE THE PROVISIONS OF THIS ARTICLE ON A COUNTYWIDE BASIS.
    4    S  1397-A.  SALE  OR  PROMOTIONAL  DISTRIBUTION OF PRODUCTS CONTAINING
    5  DMAA. NO PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
    6  LIABILITY  COMPANY  OR  OTHER  ENTITY  SHALL SELL, OFFER TO SELL OR GIVE
    7  AWAY, AT EITHER RETAIL, WHOLESALE,  OR  FOR  PROMOTIONAL  PURPOSES,  ANY
    8  PRODUCT FOR HUMAN CONSUMPTION WHICH CONTAINS DMAA.
    9    S 1397-B. ENFORCEMENT. 1. IF THE ENFORCEMENT OFFICER DETERMINES, AFTER
   10  A  HEARING,  THAT A VIOLATION OF SECTION THIRTEEN HUNDRED NINETY-SEVEN-A
   11  OF THIS ARTICLE HAS OCCURRED, A CIVIL PENALTY  MAY  BE  IMPOSED  BY  THE
   12  ENFORCEMENT  OFFICER PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-SEVEN-C
   13  OF THIS ARTICLE. WHEN THE ENFORCEMENT OFFICER IS THE  COMMISSIONER,  THE
   14  HEARING  SHALL  BE  CONDUCTED  PURSUANT  TO  THE  PROVISIONS  OF SECTION
   15  TWELVE-A OF THIS CHAPTER. WHEN THE ENFORCEMENT OFFICER  IS  A  BOARD  OF
   16  HEALTH  OR AN OFFICER DESIGNATED TO ENFORCE THE PROVISIONS OF THIS ARTI-
   17  CLE, THE HEARING SHALL BE CONDUCTED PURSUANT TO PROCEDURES SET FORTH  IN
   18  THE  COUNTY SANITARY CODE, OR IN THE ABSENCE THEREOF, PURSUANT TO PROCE-
   19  DURES ESTABLISHED BY THE ELECTED COUNTY LEGISLATURE OR BOARD OF SUPERVI-
   20  SORS. NO OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED,  PROVIDED  THAT
   21  NOTHING  IN  THIS  ARTICLE SHALL BE CONSTRUED TO PROHIBIT AN ENFORCEMENT
   22  OFFICER FROM COMMENCING A PROCEEDING FOR  INJUNCTIVE  RELIEF  TO  COMPEL
   23  COMPLIANCE WITH THIS ARTICLE.
   24    2.  ANY  PERSON WHO DESIRES TO REGISTER A COMPLAINT UNDER THIS ARTICLE
   25  MAY DO SO WITH THE APPROPRIATE ENFORCEMENT OFFICER.
   26    3. ANY PERSON AGGRIEVED BY THE DECISION  OF  AN  ENFORCEMENT  OFFICER,
   27  OTHER  THAN  THE  COMMISSIONER, MAY APPEAL TO THE COMMISSIONER TO REVIEW
   28  SUCH DECISION WITHIN THIRTY DAYS OF SUCH DECISION. THE DECISION  OF  ANY
   29  ENFORCEMENT   OFFICER   SHALL   BE   REVIEWABLE   PURSUANT   TO  ARTICLE
   30  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   31    4. THE ENFORCEMENT OFFICER,  SUBSEQUENT  TO  ANY  APPEAL  HAVING  BEEN
   32  FINALLY  DETERMINED,  MAY  BRING  AN ACTION TO RECOVER THE CIVIL PENALTY
   33  PROVIDED IN SECTION THIRTEEN HUNDRED NINETY-SEVEN-C OF THIS  ARTICLE  IN
   34  ANY COURT OF COMPETENT JURISDICTION.
   35    S 1397-C. PENALTIES. THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY FOR A
   36  VIOLATION  OF  THIS ARTICLE IN AN AMOUNT NOT TO EXCEED THAT SET FORTH IN
   37  SUBDIVISION ONE OF SECTION TWELVE OF THIS CHAPTER. ANY OTHER ENFORCEMENT
   38  OFFICER MAY IMPOSE A CIVIL PENALTY FOR A VIOLATION OF THIS ARTICLE IN AN
   39  AMOUNT NOT TO EXCEED THAT SET FORTH IN PARAGRAPH F OF SUBDIVISION ONE OF
   40  SECTION THREE HUNDRED NINE OF THIS CHAPTER.
   41    S 2. This act shall take effect immediately.