BILL NUMBER: SB 1884 CHAPTERED
BILL TEXT
CHAPTER 1005
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002
APPROVED BY GOVERNOR SEPTEMBER 27, 2002
PASSED THE SENATE AUGUST 31, 2002
PASSED THE ASSEMBLY AUGUST 29, 2002
AMENDED IN ASSEMBLY AUGUST 24, 2002
AMENDED IN ASSEMBLY AUGUST 1, 2002
AMENDED IN ASSEMBLY JUNE 30, 2002
AMENDED IN SENATE MAY 28, 2002
AMENDED IN SENATE APRIL 10, 2002
INTRODUCED BY Senator Speier
FEBRUARY 22, 2002
An act to add Article 4 (commencing with Section 110423) to
Chapter 4 of Part 5 of Division 104 of the Health and Safety Code,
relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1884, Speier. Dietary supplements.
Existing law, the Sherman Food, Drug, and Cosmetic Law, contains
various provisions regarding the packaging, labeling, and advertising
of food, drugs, and cosmetics. Violation of any of these provisions
is a crime.
This bill would prohibit the sale of dietary supplements
containing ephedrine group alkaloids or steroid hormone precursors
unless the product label of these products includes certain
statements regarding content and warning statements regarding the use
of the product.
This bill would make it a misdemeanor for any manufacturer,
wholesaler, retailer, or other person to sell, transfer, or otherwise
furnish a dietary supplement containing ephedrine group alkaloids or
steroid hormone precursors to a person under 18 years of age.
Because the bill would create a new crime, it would impose a
state-mandated local program. The bill would exempt a retail
establishment that meets certain conditions from criminal liability
under the bill.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section 110423) is added to
Chapter 4 of Part 5 of Division 104 of the Health and Safety Code, to
read:
Article 4. Dietary Supplements
110423. (a) (1) The sale or distribution of any dietary
supplement product containing ephedrine group alkaloids is prohibited
unless the product label clearly and conspicuously contains the
following statement:
"THIS PRODUCT HAS (INSERT THE AMOUNT OF PRODUCT) MILLIGRAMS OF
CONCENTRATED EPHEDRINE GROUP ALKALOIDS PER SERVING IN THE FORM OF
HERBAL EXTRACTS."
(2) The sale or distribution of any dietary supplement product
containing ephedrine group alkaloids is prohibited unless the product
label clearly and conspicuously contains the following warning:
(A) "WARNING: NOT FOR USE BY INDIVIDUALS UNDER THE AGE OF 18
YEARS. DO NOT USE IF PREGNANT OR NURSING. Consult a physician or
licensed qualified health care professional before using this product
if you have, or have a family history of, heart disease, thyroid
disease, diabetes, high blood pressure, depression or other
psychiatric condition, glaucoma, difficulty in urinating, prostate
enlargement, or seizure disorder, or if you are using a monoamine
oxidase inhibitor (MAOI) or any other dietary supplement,
prescription drug, or over-the-counter drug containing ephedrine,
pseudoephedrine, or phenylpropanolamine (ingredients found in certain
allergy, asthma, cough or cold, and weight control products)."
(B) "Do not exceed recommended serving. Exceeding recommended
serving may cause serious adverse health effects, including heart
attack and stroke."
(C) "Discontinue use and call a physician or licensed qualified
health care professional immediately if you experience rapid
heartbeat, dizziness, severe headache, shortness of breath, or other
similar symptoms."
(D) "Individuals who are sensitive to the effects of caffeine
should consult a licensed health care professional before consuming
this product."
(E) "KEEP OUT OF REACH OF CHILDREN."
(b) The sale or distribution of dietary supplements containing
steroid hormone precursors is prohibited unless the product label for
these dietary supplements clearly and conspicuously contains the
following warning:
"WARNING: NOT FOR USE BY INDIVIDUALS UNDER THE AGE OF 18 YEARS. DO
NOT USE IF PREGNANT OR NURSING. Consult a physician or licensed
qualified health care professional before using this product if you
have, or have a family history of, prostate cancer, prostate
enlargement, heart disease, low "good" cholesterol (HDL), or if you
are using any other dietary supplement, prescription drug, or
over-the-counter drug. Do not exceed recommended serving. Exceeding
recommended serving may cause serious adverse health effects.
Possible side effects include acne, hair loss, hair growth on the
face (in women), aggressiveness, irritability, and increased levels
of estrogen. Discontinue use and call a physician or licensed
qualified health care professional immediately if you experience
rapid heartbeat, dizziness, blurred vision, or other similar
symptoms. KEEP OUT OF REACH OF CHILDREN."
(c) The product label for any dietary supplement product
containing ephedrine group alkaloids or steroid hormone precursors
shall clearly and conspicuously display the following statement: "To
report any adverse events call 1-800-332-1088."
110423.2. (a) It is a misdemeanor for any manufacturer,
wholesaler, retailer, or other person, to sell, transfer, or
otherwise furnish a dietary supplement containing ephedrine group
alkaloids or steroid hormone precursors to a person under 18 years of
age.
(b) A seller shall request valid identification from any
individual who attempts to purchase a dietary supplement containing
ephedrine group alkaloids or steroid hormone precursors if that
individual reasonably appears to the seller to be under 18 years of
age.
(c) Notwithstanding subdivisions (a) and (b), a retail clerk who
fails to request identification pursuant to subdivision (b) shall not
be guilty of a misdemeanor pursuant to subdivision (a), subject to
any civil penalties, or subject to any disciplinary action or
discharge by his or her employer. This subdivision shall not apply
to a retail clerk who is a willful participant in an ongoing criminal
conspiracy to violate this article.
110423.4. (a) This article shall not apply to a licensed health
care practitioner practicing within his or her scope of practice who
prescribes, dispenses, or both, herbs in the course of treatment of
patients under the care of the licensed practitioner.
(b) This article shall not apply to herbal products that are sold
or distributed directly to a licensed health care practitioner when
the herbal product is used solely for the purpose of the treatment of
patients under the care of the practitioner.
110423.6. (a) Except as provided in subdivision (b), a retail
establishment that sells, transfers, or otherwise furnishes a dietary
supplement product in violation of Section 110423.2 shall not be
guilty of a misdemeanor pursuant to subdivision (a) of Section
110423.2 if all of the following conditions are met:
(1) Every checkout clerk at the retail establishment has completed
standardized training that includes, but is not limited to, the law
with respect to selling dietary supplement products subject to this
article, methods of easily identifying dietary supplement products
subject to this article when checking out customers, and procedures
for requesting identification from any customer attempting to
purchase dietary supplement products subject to this article who
reasonably appears to the clerk to be a minor.
(2) Every checkout clerk at the retail establishment is provided
with training updates that cover any changes in the law with respect
to selling dietary supplement products subject to this article and
any other responsibilities of the retail establishment under this
article.
(3) Every programmable checkout scanner or computer used to check
out customers with purchases is programmed to identify dietary
supplement products subject to this article at the checkout station.
A retail establishment that does not use programmable checkout
scanners or computers is not required to satisfy this condition.
(4) Every checkout clerk has received a written list of dietary
supplement products subject to this article that are sold by the
retail establishment that may be posted at the checkout station for
easy access.
(b) Notwithstanding the fact that a retail establishment has met
all of the conditions specified in subdivision (a), the retail
establishment shall be guilty of a misdemeanor pursuant to
subdivision (a) of Section 110423.2 if the retail establishment
violates this article three or more times in a 12-month period.
110423.8. Nothing in this article limits or restricts any rights,
remedies, or duties otherwise applicable by law.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.