BILL NUMBER: SB 1444	CHAPTERED  09/29/04

	CHAPTER  859
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE SENATE  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 23, 2004
	AMENDED IN ASSEMBLY  AUGUST 19, 2004
	AMENDED IN ASSEMBLY  AUGUST 9, 2004
	AMENDED IN ASSEMBLY  JULY 27, 2004
	AMENDED IN ASSEMBLY  JUNE 8, 2004
	AMENDED IN SENATE  MAY 11, 2004
	AMENDED IN SENATE  MARCH 22, 2004

INTRODUCED BY   Senator Speier

                        FEBRUARY 19, 2004

   An act to amend Section 110423.2 of the Health and Safety Code,
relating to dietary supplements.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1444, Speier.  Dietary supplements:  steroid hormone
precursors.
   Existing law, the Sherman Food, Drug, and Cosmetics Law, provides
for the regulation of the processing, labeling, advertising, and sale
of food, drugs, and cosmetics, as defined, including dietary
supplements, under the administration of the State Department of
Health Services.
   Existing law prohibits 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.
Under existing law, 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 less than 18 years of age and
a seller is required to request a valid identification of
prospective purchasers who reasonably appear to be under 18 years of
age.  Existing law also defines anabolic steroids, with respect to
contracts for the lease or rental of athletic facilities.
   This bill would revise these provisions to replace the reference
to steroid hormone precursors with a list of designated substances.
By creating a new crime, the bill would impose a state-mandated local
program.
  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.  Section 110423.2 of the Health and Safety Code is
amended to read:
   110423.2.  (a) It is a misdemeanor for any manufacturer,
wholesaler, retailer, or other person, to sell, transfer, or
otherwise furnish any of the following to a person under 18 years of
age:
   (1) A dietary supplement containing an ephedrine group alkaloid.
   (2) A dietary supplement containing any of the following:
   (A) Androstanediol.
   (B) Androstanedione.
   (C) Androstenedione.
   (D) Norandrostenediol.
   (E) Norandrostenedione.
   (F) Dehydroepiandrosterone.
   (b) A seller shall request valid identification from any
individual who attempts to purchase a dietary supplement set forth in
subdivision (a) 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.
  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.