Prohibits the sale of food products containing melatonin to minors

BILL NUMBER:S1973

Title of bill

An act to amend the agriculture and markets law, in relation to prohibiting the sale of food products containing melatonin to minors

Purpose

This bill would prohibit any person, partnership, or corporation from selling, or offering for sale, food products containing melatonin to any person under the age of eighteen years, and would requires stores involved in the retail sale of food products to display such products containing melatonin in a location designated for persons over the age of eighteen, in a manner which restricts access to such food products.

Summary of provisions

Amends Article 3 of the Agriculture and Markets law by adding a new section 45-d to prohibit the sale of food products containing melatonin to minors. Provides that this act shall take effect 90 days after enactment.

Justification

In 2009, there were 5,000 melatonin-related calls into Poison control centers, most involving small children. Melatonin is known chemically as N-acetyl-5-methoxytryptamin, and is a naturally occurring compound found in animals, plants and microbes. While it is a naturally-occurring compound, when ingested as a dietary supplement in large quantities, melatonin can lead the central nervous system to slow down and cause trouble breathing.

In recent years, food products containing melatonin have become prevalent in stores. However, one such product is a brownie referred to as a "Lazy Cake." Lazy Cakes are marketed toward minors, and bear a child-friendly cartoon logo, named "Lazy Larry" - similar to the Joe Camel cigarette ads of the past. Although there is a warning that the product is not for children, a child who finds the product at home is at risk of ingesting the brownie because it appears to be an average baked good. Additionally, many store clerks are unaware that the products contain melatonin and willingly sell them to minors who think that they are purchasing a simple brownie. The enactment of this bill will protect minors from encountering the potentially dangerous effects of melatonin.

This bill would exempt foods that naturally contain melatonin, such as oats, corn, rice, almonds, fennel seeds, cherries, lemon verbena, balm mint (the young part of the plant) and ginger, and would thus only apply to foods in which melatonin is an additive.

Legislative history

2013-14 - S. 3007 Rules Committee - A. 272 - Agriculture Committee

Fiscal implications

None.

Effective date

The ninetieth day after it shall have become a law.