| 59 | | - | An Act concerning the sale of certain diet pills or dietary supplements to minors and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. 1(1)1 No person 1, firm, corporation, partnership, association, limited liability company, or other entity1 shall sell, offer to sell, or offer for promotional purposes, either directly or indirectly by an agent or employee, any over-the-counter diet pill or dietary supplement for 1weight loss or1 muscle building to a minor under 18 years of age, unless the minor is accompanied by a parent or guardian. 1(2) No person shall complete a delivery of any over-the-counter diet pill or dietary supplement for weight loss or muscle building to a residence in this State without first obtaining, upon delivery of the over-the-counter diet pill or dietary supplement for weight loss or muscle building, the signature of an individual who is at least 18 years of age and who resides in that residence. Consistent with federal law, the provisions of this subsection shall not apply to an individual performing his or her assigned duties as an employee of the United States Postal Service. (3) The establishment of the following shall constitute a defense to any prosecution brought for a violation of paragraph (2) of this subsection: that the purchaser or recipient of the over-the-counter diet pill or dietary supplement for weight loss or muscle building, or the individual signing for the delivery of the over-the-counter diet pill or dietary supplement for weight loss or muscle building, falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, or a photographic identification card issued by a county clerk, that the purchaser or recipient was of legal age to make the purchase, sign for the delivery, or receive the delivery. (4) No delivery seller shall place any over-the-counter diet pill or dietary supplement for weight loss or muscle building for delivery to a residence in this State unless the outside of the package, which contains the over-the-counter diet pill or dietary supplement for weight loss or muscle building, clearly indicates that there is an over-the-counter diet pill or a dietary supplement for weight loss or muscle building within the package.1 b. 1(1)1 A person who violates the provisions of subsection a. of this section, including an employee of a retail establishment who actually sells any over-the-counter diet pill or dietary supplement for 1weight loss or1 muscle building to a minor under 18 years of age, who is not accompanied by a parent or guardian, shall be liable to a civil penalty of not more than $750. In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation shall be assessed against the retail establishment at which the violation occurred and not the chain. The civil penalty shall be collected by and in the name of the State by the local health agency pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. 1(2) When determining whether an over-the-counter diet pill or dietary supplement is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building in a summary proceeding before a municipal court having jurisdiction, pursuant to paragraph (1) of this subsection, the court shall consider the following factors: (a) whether the product contains: (i) an ingredient approved by the federal Food and Drug Administration for weight loss or muscle building; (ii) a steroid; or (iii) creatine, green tea extract, raspberry ketone, garcinia cambogia, or green coffee bean extract; (b) whether the product's labeling or marketing bears statements or images that express or imply that the product will help: (i) modify, maintain, or reduce body weight, fat, appetite, overall metabolism, or the process by which nutrients are metabolized; or (ii) maintain or increase muscle or strength; (c) whether the product or its ingredients are otherwise represented for the purpose of achieving weight loss or building muscle; or (d) whether the retailer has categorized the dietary supplement for weight loss or muscle building by: (i) placing signs, categorizing, or tagging the supplement with statements described in subparagraph (b) of this paragraph; (ii) grouping the supplements with other weight loss or muscle building products in a display, advertisement, webpage, or area of the store; or (iii) otherwise representing that the product is for weight loss or muscle building.1 c. The provisions of this section shall not apply to any over-the-counter diet pill or dietary supplement for 1weight loss or1 muscle building that has been prescribed by a licensed health care professional legally authorized to prescribe such pill or dietary supplement pursuant to State and federal law. d. As used in this section: 1"Delivery sale" means any sale of over-the-counter diet pills or dietary supplements for weight loss or muscle building to a consumer if: the consumer submits the order for the sale by telephone, other method of voice transmission, postal mail, Internet, other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or the over-the-counter diet pills or dietary supplements for weight loss or muscle building are delivered to the buyer by common carrier, private delivery service, other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the over-the-counter diet pills or dietary supplements for weight loss or muscle building. "Delivery seller" means a vendor, including an online retailer, who makes delivery sales of over-the-counter diet pills or dietary supplements for weight loss or muscle building. Such vendors shall include persons who accept orders placed by mail, telephone, electronic mail, Internet website, online catalog, or software application.1 "Dietary supplement for 1weight loss or1 muscle building" means a 1[dietary supplement sold for or used with the intent to build muscle, but shall not include protein powders, protein drinks, and foods marketed as containing protein unless the protein powders, drinks, and foods contain one or more ingredients, other than protein which would, considered alone, constitute a diet supplement for muscle building] class of dietary supplements that is labeled, marketed, or otherwise represented for the purpose of achieving weight loss or muscle building, but shall not include protein powders, protein drinks and foods marketed as containing protein unless the protein powder, protein drink, or food marketed as containing protein contains an ingredient other than protein which would, considered alone, constitute a dietary supplement for weight loss or muscle building1. "Over-the-counter diet pill" means a 1[drug sold for or used with the intent to achieve weight loss that contains a label that meets the requirements of 21 CFR 201.66, including (1) a "Drug Facts" panel; or (2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance, or preparation] class of drugs labeled, marketed, or otherwise represented for the purpose of achieving weight loss that are lawfully sold, transferred, or furnished over-the-counter, with or without a prescription, pursuant to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. s.301 et seq., or pursuant to regulations adopted thereunder1. 1"Retail establishment" means any vendor that, in the regular course of business, sells dietary supplements for weight loss or muscle building or over-the-counter diet pills at retail directly to the public, including, but not limited to, vendors that are pharmacies, grocery stores, other retail stores, and vendors that accept orders placed by mail, telephone, electronic mail, Internet website, online catalog, or software application.1 12. Nothing in this act shall be construed to impose liability on news media that accept advertising, publish advertising, or both, for any over-the-counter diet pill or dietary supplement for weight loss or muscle building.1 1[2.] 3.1 The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act. 1[3.] 4.1 This act shall take effect on the first day of the sixth month next following the date of enactment. The provisions of the bill do not apply to the sale of any over-the-counter diet pill or dietary supplement for muscle building that has been prescribed by a licensed health care professional legally authorized to prescribe such pill or dietary supplement pursuant to State and federal law. |
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| 57 | + | An Act concerning the sale of certain diet pills or dietary supplements to minors and supplementing Title 2A of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. No person shall sell, offer to sell, or offer for promotional purposes, either directly or indirectly by an agent or employee, any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age, unless the minor is accompanied by a parent or guardian. b. A person who violates the provisions of subsection a. of this section, including an employee of a retail establishment who actually sells any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age, who is not accompanied by a parent or guardian, shall be liable to a civil penalty of not more than $750. In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation shall be assessed against the retail establishment at which the violation occurred and not the chain. The civil penalty shall be collected by and in the name of the State by the local health agency pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. c. The provisions of this section shall not apply to any over-the-counter diet pill or dietary supplement for muscle building that has been prescribed by a licensed health care professional legally authorized to prescribe such pill or dietary supplement pursuant to State and federal law. d. As used in this section: "Dietary supplement for muscle building" means a dietary supplement sold for or used with the intent to build muscle, but shall not include protein powders, protein drinks, and foods marketed as containing protein unless the protein powders, drinks, and foods contain one or more ingredients, other than protein which would, considered alone, constitute a diet supplement for muscle building. "Over-the-counter diet pill" means a drug sold for or used with the intent to achieve weight loss that contains a label that meets the requirements of 21 CFR 201.66, including (1) a "Drug Facts" panel; or (2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance, or preparation. 2. The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act. 3. This act shall take effect on the first day of the sixth month next following the date of enactment. STATEMENT This bill prohibits the sale of certain diet pills and dietary supplements to minors. Specifically, the bill prohibits a person from selling, offering to sell, or offering for promotional purposes, either directly or indirectly by an agent or employee, any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age unless the minor is accompanied by a parent or guardian. As used in the bill, "dietary supplement for muscle building" means a dietary supplement sold for or used with the intent to build muscle and does not include protein powders, protein drinks, and foods marketed as containing protein unless the protein powders, drinks, and foods contain one or more ingredients, other than protein which would, considered alone, constitute a diet supplement for muscle building. "Over-the-counter diet pill" means a drug sold for or used with the intent to achieve weight loss that contains a label that meets the requirements of 21 CFR 201.66, including (1) a "Drug Facts" panel; or (2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance, or preparation. The bill stipulates that a person who violates the provisions of the bill, including an employee of a retail establishment who actually sells any over-the-counter diet pill or dietary supplement for muscle building to a minor under 18 years of age, who is not accompanied by a parent or guardian, is to be liable to a civil penalty of not more than $750. In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation is to be assessed against the retail establishment at which the violation occurred and not the chain. The civil penalty is to be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. The provisions of the bill do not apply to the sale of any over-the-counter diet pill or dietary supplement for muscle building that has been prescribed by a licensed health care professional legally authorized to prescribe such pill or dietary supplement pursuant to State and federal law. |
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