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A04712 Summary:

SPONSORRosenthal L
Add §391-u, Gen Bus L
Prohibits any retail establishment from selling dietary supplements that contain creatine to individuals under eighteen years of age; provides that any retail establishment in violation shall be subject to a civil penalty of not more than five hundred dollars per violation.
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A04712 Actions:

02/03/2017referred to consumer affairs and protection
01/03/2018referred to consumer affairs and protection
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A04712 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation to prohibiting the
          sale of the dietary supplement creatine to individuals under  eighteen
          years of age

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  391-u to read as follows:
     3    § 391-u. Restricted access  to  retail  sale  of  dietary  supplements
     4  containing  creatine.    1. No retail establishment shall offer for sale
     5  dietary supplements containing any quantity of creatine to an individual
     6  under eighteen years of age within New York state, except as  authorized
     7  by subdivision three of this section.
     8    2.  For purposes of this section, the following terms have the follow-
     9  ing meanings:
    10    (a) "dietary supplement" means: (1) a  product  (other  than  tobacco)
    11  that  is  intended to supplement the diet and that bears or contains one
    12  or more of the following dietary ingredients: a vitamin, a  mineral,  an
    13  herb  or other botanical, an amino acid, a dietary substance for the use
    14  by a person to supplement the diet by increasing the total daily intake,
    15  or a concentrate, metabolite, constituent, extract, or  combinations  of
    16  these  ingredients; (2) intended for ingestion in pill, capsule, tablet,
    17  powder or liquid form; and (3) labeled as a "dietary supplement"  pursu-
    18  ant  to  the  federal  Dietary  Supplement  Health and Education Act, 21
    19  U.S.C. 321, as amended.
    20    (b) "creatine" means any natural or synthetic form of creatine includ-
    21  ing, but not limited to, creatine monohydrate, creatine  citrate,  crea-
    22  tine  ethyl  ester,  creatine  methyl ester, liquid creatine, micronized
    23  creatine, creatine nitrate, creatine magnesium chelate,  buffered  crea-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4712                             2
     1  tine,  creatine  hydrochloride,  creatine malate, creatine phosphate and
     2  creatine pyruvate.
     3    (c)  "retail  establishment"  means  every  vendor that in the regular
     4  course of business sells  dietary  supplements  containing  creatine  at
     5  retail directly to the public including, but not limited to, pharmacies,
     6  grocery stores, and other retail stores.
     7    3.  Nothing  in  this section shall apply to nonprescription over-the-
     8  counter drugs approved or regulated by the federal Food and Drug  Admin-
     9  istration.
    10    4.  Retail  establishments  shall  require  proof of legal age of such
    11  products. Such identification need not be required of any individual who
    12  reasonably appears to be at least twenty-five  years  of  age  provided,
    13  however,  that  such  appearance  shall  not constitute a defense in any
    14  proceeding alleging the sale of dietary supplements containing  creatine
    15  to a minor.
    16    5.  Any  retail  establishment  that  violates  the provisions of this
    17  section by offering for sale a dietary supplement containing any quanti-
    18  ty of creatine to an individual under eighteen years  of  age  shall  be
    19  subject  to  a  civil  penalty of not more than five hundred dollars per
    20  violation, recoverable in an action by any enforcement authority  desig-
    21  nated by any municipality or political subdivision.
    22    6. It shall be a defense that any retail establishment that has sold a
    23  dietary  supplement  containing creatine to an individual under eighteen
    24  years of age did not have knowledge that the  supplement  contained  any
    25  quantity of creatine if such knowledge was not reasonably discoverable.
    26    § 2. This act shall take effect immediately.
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