PRINTER'S NO. 1451
No. 1214 Session of 2003
INTRODUCED BY HABAY, BISHOP, CRUZ, HARHAI, JAMES, LEDERER,
PHILLIPS, E. Z. TAYLOR, THOMAS, WASHINGTON AND YOUNGBLOOD,
APRIL 21, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 21, 2003
AN ACT
1 Prohibiting the sale or promotional distribution of dietary
2 supplements containing ephedra; providing for notice to
3 consumers and for enforcement by the Attorney General; and
4 prescribing a penalty.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Dietary
9 Supplement Sales Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Dietary supplement." A product, other than tobacco, that
15 is:
16 (1) Intended to supplement the diet that bears or
17 contains one or more of the following dietary ingredients: a
18 vitamin, a mineral, an herb or other botanical, an amino
1 acid, a dietary substance for the use by a person to
2 supplement the diet by increasing the total daily intake or a
3 concentrate, metabolite, constituent, extract or combination
4 of these ingredients.
5 (2) Intended for ingestion in pill, capsule, tablet or
6 liquid form.
7 (3) Labeled as a "dietary supplement."
8 This term includes a product such as an approved new drug,
9 certified antibiotic or licensed biologic that was marketed as a
10 dietary supplement or food before approval, certification or
11 license, unless the Secretary of Health and Human Services
12 waives such approval, certification or licensure.
13 Section 3. Sale or promotional distribution of dietary
14 supplements containing ephedra prohibited.
15 No person shall sell or offer to sell or give away as either
16 a retail or wholesale promotion a dietary supplement containing
17 ephedra to any person who is 17 years of age or younger.
18 Section 4. Notice to consumers.
19 A retail store which offers for sale any dietary supplement
20 containing ephedra shall conspicuously post a sign situated so
21 as to be clearly visible to any consumer inspecting the dietary
22 supplement which reads:
23 Pennsylvania State law prohibits the sale of dietary
24 supplements containing ephedra to persons who are 17
25 years of age and younger. Taking any dietary supplement
26 containing ephedra may result in heart attack, stroke,
27 seizure or death. Consult a health care professional
28 prior to use of any dietary supplement containing
29 ephedra.
30 Section 5. Enforcement.
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1 The Attorney General shall enforce the provisions of this
2 act.
3 Section 6. Penalty.
4 A person who violates this act shall be subject to a civil
5 penalty of not more than $500 for each violation.
6 Section 7. Effective date.
7 This act shall take effect in 60 days.
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