BILL NUMBER: SB 582	CHAPTERED  10/12/03

	CHAPTER  903
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2003
	APPROVED BY GOVERNOR  OCTOBER 12, 2003
	PASSED THE SENATE  SEPTEMBER 11, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2003
	AMENDED IN ASSEMBLY  JULY 6, 2003
	AMENDED IN ASSEMBLY  JUNE 16, 2003
	AMENDED IN SENATE  MARCH 24, 2003

INTRODUCED BY   Senator Speier

                        FEBRUARY 20, 2003

   An act to add Article 4.5 (commencing with Section 110423.100) to
Chapter 4 of Part 5 of Division 104 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 582, Speier.  Ephedrine group alkaloids.
   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.  The act prohibits the sale of dietary supplements
containing ephedrine group alkaloids or steroid hormone precursors
unless the product label of these products includes specified
information.  Existing law makes 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.
   This bill would prohibit the sale or distribution of any dietary
supplement product containing ephedrine group alkaloids,
notwithstanding the provisions of existing law described above
relating to the sale and distribution of these supplements.  Because
the bill would create a new crime, it would impose a state-mandated
local program.
   This bill would provide that its provisions do not apply in
specified circumstances.
  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 4.5 (commencing with Section 110423.100) is
added to Chapter 4 of Part 5 of Division 104 of the Health and Safety
Code, to read:

      Article 4.5.  Ephedrine Group Alkaloids

   110423.100.  Notwithstanding Article 4 (commencing with Section
110423), the sale or distribution of any dietary supplement products
containing ephedrine group alkaloids is prohibited.
   110423.101.  This article shall not apply, but Article 4
(commencing with Section 110423) shall apply, to any of the
following:
   (a) A California licensed health care practitioner who is
practicing within his or her scope of practice and who prescribes or
dispenses, or both, dietary supplement products containing ephedrine
group alkaloids in the course of the treatment of a patient under the
direct care of that licensed health care practitioner, except that a
licensed health care practitioner shall not prescribe or dispense
dietary supplements containing ephedrine group alkaloids for purposes
of weight loss, body building, or athletic performance enhancement.

   (b) Dietary supplement products containing ephedrine group
alkaloids that are sold or distributed directly to a licensed health
care practitioner when the dietary supplement product containing
ephedrine group alkaloids is used solely for the purpose of the
treatment of patients under the direct care of the health care
practitioner.
   (c) Dietary supplement products containing ephedrine group
alkaloids that are sold or distributed directly to a licensed
pharmacist for resale to a patient for whom the products have been
prescribed pursuant to subdivision (a).
   (d) Dietary supplement products containing ephedrine group
alkaloids that are not for resale in California and that are sold or
distributed directly to businesses not located in California.
  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.