Senate Bill sb1626e1

    CS for CS for SB 1626                          First Engrossed



  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; authorizing the Department

  9         of Agriculture to adopt rules; providing an

10         effective date.

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12         WHEREAS, the Southern Medical Journal in September 2002

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

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

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

16         WHEREAS, that same report stated that "scientific data

17  support potential adverse physiologic consequences of dieting

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

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

20  the potential adverse effects of free fatty acids on

21  myocardial function," and

22         WHEREAS, in February 1996 the Food and Drug

23  Administration proposed new warning labels for

24  over-the-counter diet pills containing phenylpropanolamine

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

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

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

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

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

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    CS for CS for SB 1626                          First Engrossed



 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 a pill that contains at least one of

 9  the following ingredients: ephedra species; ephedrine alkaloid

10  containing dietary supplements; Sida cordifelia or any similar

11  ingredient. However, the term does not include a pill

12  containing one or more of such ingredients which is marketed

13  or intended for a primary purpose other than weight loss.

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

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

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

17  charge of violating this subsection if the buyer or recipient

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

19  have committed the violation a driver's license or

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

21  passport, or a United States armed services identification

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

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

24  was such that a prudent person would reasonably believe that

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

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

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

28  location within the establishment at which purchases may be

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

30  least half an inch high on a white background:

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    CS for CS for SB 1626                          First Engrossed



 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 $100. A second violation of

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

 7  $250. A third violation of subsection (2) or subsection (3) is

 8  punishable by a fine of $500. A fourth or subsequent violation

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

10  determined by the Department of Agriculture, not to exceed

11  $1,000.00.

12         (5)  The Department of Agriculture is authorized to

13  adopt rules to implement this section.

14         Section 2.  This act shall take effect July 1, 2004.

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