COMMITTEE ON LEGISLATION
MEMBERS: Stewart-Cousins, Chair, Bronz, Abinanti, Ryan, Oros, Rogowsky and Maisano
ENV. & HEALTH
MEMBERS: Kaplowitz, Chair, Ryan, Rogowsky, LaMotte, Bronz, and Maisano
BOL: Steve Bass, Ann Giordano, Bernard,
GUESTS: Liz Salvi (Law), William Randolph (CEO), Rosemary McLaughlin (LWV), Keith Eddings (Journal News), Michael Occhicone (DA Invs PBA), Michael Wittenberg, Denise Bruno (WC Dept. of Health), Pat Brodhagen (Food Industry Alliance), Susan Tapper (CEO), Elaine Price (Consumer Protection), Mary Lynn Nicolas (Law), Chuck Bell (Consumer’s Union)
Chairwoman, Andrea Stewart-Cousins called the meeting to order at 11:42 am.
Chairwoman Stewart-Cousins welcomed Martin Rogowsky, the committee’s new member.
The first item discussed was a Home Rule Resolution request. Michael Wittenberg and Michael Occhichone talked about the heart bill, which will give thirty-five people from the DA’s office the same benefits as members of the police. The legislation, which must be passed by the state, would assume that heart ailments that happen after a person is on the job are the result of job-related stress. The estimated increase in annual county contribution would be $6,000 for the group. This law is identical to the law that applies to police officers. Ryan made a motion to move it out for all purposes and Oros seconded it.
Ephedra was discussed next.
Michael Kaplowitz opened the joint meeting along with Chairwoman Stewart-Cousins. Chairwoman Stewart-Cousins explained that at the last meeting we changed many aspects of this legislation and welcomed Mary Lynn from the County Attorney’s office who spoke about those changes. Changes included new language on the signage.
A question arose about providing a merchant list of Ephedra-containing products and the County’s potential liability for products not provided to the merchant on the list. Legislator Kaplowitz said the committee report explains that non-inclusion on the list is not an affirmative defense and thus the county incurs no liability. There was further discussion regarding the small merchant who may not be fluent in English and how to make sure the information was available to all.
Chairwoman Stewart-Cousins said the legislative intent is to protect minors from being sold Ephedra-containing products and commented that this legislation is an attempt to educate rather than violate. Elaine Price feels most merchants know what is contained in supplements and will work to educate all merchants.
A list and its contents were discussed at length.
Pat Broadhagen said that the Dept of Consumer Affairs has a list, and it would be a matter of up-dating the list and making such a list available to the merchants.
Kaplowitz called for putting the legislation, as amended. All in favor in Env & health. --Maisano and Ryan opposed (per Ryan: he voted no as he would prefer to have the listing of dietary supplements language deleted from subsection 601 and put into the committee report. Having made the point, Ryan then changed his vote to yes, which meant to support the legislation. )
Legislators Ryan and Rogowsky had made motions for the Legislation Committee but withdrew their motions when continued discussions on the list highlighted the need to resolve the contents of the list and where reference to the list would appear.
The Chair’s decided to continue to work on the language next week.
Kaplowitz moved to adjourn Env. & Health by Kaplowitz and seconded by LaMotte.
Motion to adjourn Legislation by Abinanti, seconded by Rogowsky. At 1:33 pm