Senate Bill sb1626c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                    CS for CS for SB 1626

    By the Committees on Criminal Justice; Health, Aging, and
    Long-Term Care; and Senators Margolis, Dawson, Bullard, Posey,
    Fasano, Miller, Garcia, Campbell, Peaden, Hill and Klein



    307-2422-03

  1                      A bill to be entitled

  2         An act relating to weight-loss pills; defining

  3         the term "weight-loss pill"; prohibiting the

  4         sale or other transfer of weight-loss pills to

  5         minors; providing a defense; requiring

  6         establishments selling such pills at retail to

  7         post notice that such sale is unlawful;

  8         providing penalties; providing an effective

  9         date.

10  

11         WHEREAS, the Southern Medical Journal in September 2002

12  found that "a strong correlation between dieting and the onset

13  of eating disorders exists. One of the most alarming issues

14  regarding dieting is the report of associated mortality," and

15         WHEREAS, that same report stated that "scientific data

16  support potential adverse physiologic consequences of dieting

17  and weight loss, including loss of electrolytes, mineral &

18  trace metals, histologic changes of the myocardium, as well as

19  the potential adverse effects of free fatty acids on

20  myocardial function," and

21         WHEREAS, in February 1996 the Food and Drug

22  Administration proposed new warning labels for

23  over-the-counter diet pills containing phenylpropanolamine

24  (PPA). These labels would include a statement noting that

25  "People between 12 and 18 years of age should not try this

26  product without consulting a doctor. Not for use by children

27  under 12 years of age," NOW, THEREFORE,

28  

29  Be It Enacted by the Legislature of the State of Florida:

30  

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1626
    307-2422-03




 1         Section 1.  Selling, delivering, bartering, furnishing,

 2  or giving weight-loss pills to persons under age 18;

 3  penalties; defense.--

 4         (1)  As used in this section, the term "weight-loss

 5  pill" means a pill that is available without a prescription,

 6  the marketing, advertising, or packaging of which indicates

 7  that its primary purpose is for facilitating or causing weight

 8  loss. The term includes, but is not limited to, a pill that

 9  contains at least one of the following ingredients: ephedra

10  species; ephedrine alkaloid-containing dietary supplements;

11  Sida cordifelia or any similar ingredient. However, the term

12  does not include a pill containing one or more of such

13  ingredients which is marketed or intended for a primary

14  purpose other than weight loss.

15         (2)  It is unlawful to sell, deliver, barter, furnish,

16  or give, directly or indirectly, a weight-loss pill to a

17  person under 18 years of age. However, it is a defense to a

18  charge of violating this subsection if the buyer or recipient

19  of the weight-loss pill displayed to the person alleged to

20  have committed the violation a driver's license or

21  identification card issued by this state or another state, a

22  passport, or a United States armed services identification

23  card that indicated that the buyer or recipient was 18 years

24  of age or older and the appearance of the buyer or recipient

25  was such that a prudent person would reasonably believe that

26  the buyer or recipient was not under 18 years of age.

27         (3)  Each establishment at which weight-loss pills are

28  sold at retail shall display in a conspicuous place at each

29  location within the establishment at which purchases may be

30  made a sign with the following statement in red letters at

31  least half an inch high on a white background:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                    CS for CS for SB 1626
    307-2422-03




 1         It is a violation of Florida law to sell

 2         weight-loss pills to persons under 18 years of

 3         age.

 4         (4)  A first violation of subsection (2) or subsection

 5  (3) is punishable by a fine of $500. A second violation of

 6  subsection (2) or subsection (3) is punishable by a fine of

 7  $1,000. A third or subsequent violation of subsection (2) or

 8  subsection (3) constitutes a misdemeanor of the second degree,

 9  punishable as provided in section 775.082 or section 775.083,

10  Florida Statutes.

11         Section 2.  This act shall take effect July 1, 2003.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                            CS/SB 1626

15                                 

16  Provides that a first violation of the created offenses is
    punishable by a fine of $500. A second violation is punishable
17  by a fine of $1,000. A third or subsequent violation
    constitutes a second degree misdemeanor.
18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.