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

BILL NUMBER:A7627

Title of bill

An act to amend the education law, in relation to dietary supplements

Purpose of bill

To prevent school employees from selling or recommend- ing dietary supplements to students and require schools to warn students of the risks of certain supplements.

Summary of specific provisions

Prohibits coaches and other school employees from selling, distributing or endorsing the use of dietary supplements except as part of their official duties. Requires the Educa- tion Department to develop information to distribute to schools for coaches, health and physical education teachers, nurses and others to use in warning about risks from certain supplements.

Effects of present law which this bill would alter

Amends the Educa- tion Law by adding a new section 3036.

Justification

Federal law defines dietary supplements as any product taken by mouth intended to supplement the diet with ingredients such as vitamins, minerals, herbs, metabolites and amino acids. Currently, near- ly 160 million Americans, including children and adolescents, use dietary supplements, which generate over S17 billion in annual sales in the U.S.

In 1994 the federal Dietary Supplement and Health Education Act (DSHEA) was passed which allowed the sale of supplements without pre-market reviews and permitted health claims on labels with 30 day's notice to the federal Food and Drug Administration (FDA). The burden is on the FDA to prove a dietary supplement is unsafe or ineffective as opposed to drugs that require pre-market safety reviews and lengthy research studies to prove they work.

Dietary supplements, mostly herbal products, have been marketed to burn fat, build muscle, improve concentration, enhance body parts and improve or enhance physical, mental or emotional well-being. Much confusion and controversy exists over the safety of certain supplements and their effectiveness. Teenagers are especially susceptible to claims for improved appearance, muscle building and weight loss.

There have been several high profile deaths and disability of teenagers and young adults after using certain supplements. The National Football League has banned some supplements. Despite this there have been reports of high school coaches encouraging or ignoring the use of these supple- ments by students.

School employees have no reason to be selling, distributing or endorsing any dietary supplements to students except perhaps school nurses dispensing or recommending vitamins or health teachers discussing the importance of good nutrition. School employees should be warning

students about the dangers of using supplements that may be attractive to young people but are not strictly regulated and may be dangerous.

Legislative history

2003-04 A2799A Passed Assembly, Ref to Senate rules 2005/2006- A.4307-a: Referred to rules 2007/08 - A4014 - ref to educa- tion

Fiscal implications for state and local governments

None

Effective date

120 days after becoming law.