HB 0953, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to weight-loss pills; defining the term
3	"weight-loss pill"; prohibiting the sale or other transfer
4	of weight-loss pills to minors; providing a defense;
5	requiring establishments selling such pills at retail to
6	post notice that such sale is unlawful; providing
7	penalties; providing an effective date.
8
9	WHEREAS, the Southern Medical Journal in September 2002
10	found that "a strong correlation between dieting and the onset
11	of eating disorders exists. One of the most alarming issues
12	regarding dieting is the report of associated mortality," and
13	WHEREAS, that same report stated that "scientific data
14	support potential adverse physiologic consequences of dieting
15	and weight loss, including loss of electrolytes, mineral & trace
16	metals, histologic changes of the myocardium, as well as the
17	potential adverse effects of free fatty acids on myocardial
18	function," and
19	WHEREAS, in February 1996 the Food and Drug Administration
20	proposed new warning labels for over-the-counter weight-loss
21	pills containing phenylpropanolamine (PPA), one of a number of
22	drugs of concern in weight-loss pills. These labels would
23	include a statement noting that "People between 12 and 18 years
24	of age should not try this product without consulting a doctor.
25	Not for use by children under 12 years of age," NOW, THEREFORE,
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Selling, delivering, bartering, furnishing, or
30	giving weight-loss pills to persons under age 18; penalties;
31	defense.--
32	(1) As used in this section, the term "weight-loss pill"
33	means a pill that is available without a prescription, the
34	marketing, advertising, or packaging of which indicates that its
35	primary purpose is for facilitating or causing weight loss. The
36	term includes a pill that contains at least one of the following
37	ingredients: ephedra species, ephedrine alkaloid containing
38	dietary supplements, or Sida cordifolia. However, the term does
39	not include a pill containing one or more of such ingredients
40	which is marketed or intended for a primary purpose other than
41	weight loss.
42	(2) It is unlawful to sell, deliver, barter, furnish, or
43	give, directly or indirectly, a weight-loss pill to a person
44	under 18 years of age. However, it is a defense to a charge of
45	violating this subsection if the buyer or recipient of the
46	weight-loss pill displayed to the person alleged to have
47	committed the violation a driver's license or identification
48	card issued by this state or another state, a passport, or a
49	United States armed services identification card that indicated
50	that the buyer or recipient was 18 years of age or older and the
51	appearance of the buyer or recipient was such that a prudent
52	person would reasonably believe that the buyer or recipient was
53	not under 18 years of age.
54	(3) A first violation of subsection (2) or subsection (3)
55	is punishable by a fine of $100. A second violation of
56	subsection (2) or subsection (3) is punishable by a fine of
57	$250. A third violation of subsection (2) or subsection (3) is
58	punishable by a fine of $500. A fourth or subsequent violation
59	of subsection (2) or subsection (3) is punishable by a fine as
60	determined by the Department of Agriculture and Consumer
61	Services, not to exceed $1,000.
62	(4) The Department of Agriculture is authorized to adopt
63	rules to implement this section.
64	Section 2. This act shall take effect July 1, 2004.
65