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S2068Senate2017-2018 SessionSame asA4537

Supplements Must Disclose FDA Testing

Official title

“Requires products labeled as dietary supplements or nutritional supplements to carry a label stating that product has or has not been tested by United States FDA”

Sponsor Kenneth P. LaValleSD-1+3 co-sponsorsAffects Economy
Status
In Senate Committee
Agriculture
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Agriculture

What's happening

This bill requires dietary and nutritional supplements sold in New York to be labeled stating whether they have been tested by the FDA.

Why it matters

  1. Enhances consumer transparency. By requiring clear labeling about FDA testing, the bill aims to help consumers make more informed choices about the dietary and nutritional supplements they purchase, addressing confusion or assumptions about product safety and oversight.

  2. Addresses a regulatory gap. Many consumers may not realize that most dietary supplements are not routinely tested or approved by the FDA before being sold; this bill would force manufacturers and sellers to clarify that status up front.

  3. Potential impact on industry practices. Manufacturers and retailers might be incentivized to seek FDA testing or alter marketing practices, knowing that lack of FDA testing must be disclosed and could influence buyer decisions.

  4. Empowers state-level oversight. The bill gives New York’s agriculture commissioner authority to define what counts as a dietary or nutritional supplement, allowing for tailored regulation that can adapt to changing products and industry tactics.

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Who cares

  • Dietary and nutritional supplement manufacturers

    They would have to label covered products with a clearly discernible statement saying whether the product has been tested by the United States Food and Drug Administration.

  • Supplement retailers

    They could not sell or offer covered products for sale without the required FDA-testing statement.

  • Supplement customers

    They would receive a visible statement indicating whether a covered product has or has not been tested by the FDA.

  • New York State agriculture and markets commissioner

    The commissioner would define dietary and nutritional supplements through regulations.

Headline styles

Supplements Must Disclose FDA Testing

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

History

  1. Referred to agriculture
  2. Referred to agriculture

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4537Assembly

Require FDA Supplement Labels

In Assembly Committee · Agriculture · Sponsor Felix Ortiz

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2068

2017-2018 Regular Sessions

IN SENATE

January 11, 2017

Introduced by Sens. LAVALLE, FUNKE, GOLDEN, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to the sale of dietary or nutritional supplements

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 214-m of the agriculture and markets law, as amended by chapter 159 of the laws of 1994, is amended to read as follows:

§ 214-m. Labeling of certain food products. 1. If any person, firm, corporation, partnership, association or any other business association which processes, manufactures or imports food products has placed upon or accompanying the shipping container, shipping case, pallet or invoice of such food products, any information, whether in coded form or otherwise, which specifies the expiration, "use by" date or similar date; or the lot, batch, date of manufacture or processing or other information regarding the identity of the food product; it shall be unlawful to willfully alter, mutilate, destroy, obliterate or remove such information other than in connection with the destruction of the entire shipping container, shipping case, pallet or invoice. The provisions of this section and any regulations promulgated hereunder shall not be deemed to require any manufacturer, processor or importer of food products to so label any food product prior to distribution in the state or to prevent a manufacturer, processor or importer of food products from correcting or causing to be corrected any of the information accompanying the shipping container, shipping case, pallet or invoice. The provisions of this section shall not affect any provision of federal, state or local law, ordinance, rule or regulation regarding the placing of an expiration or "use by" date on the retail container of any food product.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07832-01-7

S. 2068 2

2. No person shall manufacture, sell or expose for sale any product which shall be termed as a dietary supplement or nutritional supplement without branding or labeling such product with a statement which is clearly discernible to a customer that the product has or has not been tested by the United States food and drug administration. The terms dietary supplement and nutritional supplement shall be defined by regulations to be promulgated by the commissioner.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law except that any rules or regulations necessary for the timely implementation of the provisions of this act are authorized and directed to be promulgated on or before such effective date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the agriculture and markets law, in relation to the sale of dietary or nutritional supplements

Summary of provisions

Adds a new § 2 to § 214-m of the Agriculture and Markets Law which requires manufacturers and distributors of dietary and nutritional supplements to clearly indicate on the package whether the product has been tested by the FDA.

Justification

Diet and nutritional supplements are being sold in pharmacies, grocery stores, as well as health food establishments. Some manufacturers voluntarily choose to have their products tested by the FDA to insure the integrity of the product. Others do not.

This bill is intended to allow the consumer to know which products have been tested so that a more informed choice can be made when purchasing these various products. This bill deals only with the analysis of the product for purity. It does not deal with any medicinal attributes of the product.

Legislative history

2015-16 S.15; 2013-14 S.1649/A.4885; 2011-12 S.1481; 2009-10 S.1034; 2007-08 S.938; 2005-06 S.1095; 2003-04 S.1113; 2001-02 S.3106; 1999-00 S.4909.

Fiscal implications

None.

Effective date

This act shall take effect 180 days after it shall have become a law except that any rules or regulations necessary for the timely implementation of the provisions of this act are authorized and directed to be promulgated on or before such effective date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.