COMMITTEE ON LEGISLATION
MINUTES – november 13, 2000
members: Stewart-Cousins (Chair), Ryan, Abinanti, Oros, Maisano.
staff: Adenekan, Bass
GUEST: Liz Salvi, (Cty Atty), Mary Moore(D’Agostino)
William Randolph (CE), Patrick Reilly(Delbello)
Steven Mister(Consumer Healthcare Products
Assoc.) Roland Dosefanek(Dept. of Consumer
Protection) Elaine Price(Dept. of Consumer
Protection) Josh Lipsman(WCDOH) Jackie Hilly
(West. Children’s Assoc.) Dan Franklin(Consumers
Union) Robert Ebersole(WCDOH) Diane McEnroe
Sidley &Austin Corp. Patricia Brodhagen(Food
Industry Alliance-NYS) Mark Tulis
The Chair called the meeting to order at 1:20 p.m.
Commissioner Lipsman, Department of Health, stated that the main focus would be the modification of the way the Health Department currently works with food establishments. Since the 90’s, the county, like the majority of the country, left the grade rating system for the HACCP method, (hazard analysis critical control point). This method, he stated, is a process control system and looks at the steps that food takes from unloading to consumption. Inspection forms used have red and blue sections. The red items must be addressed to the satisfaction of the Inspector at the time of inspection, blue items have more leeway. In closing, the Commissioner said a potential advantage of returning to the grading system, is that it is easier for the public to understand. A disadvantage is that it could introduce an adversarial relationship between food inspectors and the staff in the restaurants.
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Commissioner Lipsman stated that the cost factor would be approximately $310,000 yearly to accommodate an increase of staff 5 to 6 additional people (3-4 Sanitarians, 1-2 clerical staff and a p/t public education person) Commissioner Lipsman suggested it might be most advisable to hire a consultant to assess the best way to proceed. He further stated that the DOH is not adequately staffed to handle the HACCP system. Due to a decline in food-borne illnesses, there has not been a request for additional resources to upgrade and use the HACCP system.
Assistant Commissioner Ebersole, Department of Health, added that the Federal and State government also support the HACCP system and the Food and Drug Administration has been advocating for this system for a decade.
After much discussion, the Chair thanked the guest for their presentation.
The Chair informed the members that she had invited guest to address the Legislation Committee on the law to ban the sale in Westchester County of any ephedrine-containing products to minors, and the sign requirements where the product is sold.
After introductions of guest and committee members, the Chair asked Steven Mister, Associate General Counsel for Consumer Healthcare Products Association to address the committee.
Mr. Steven Mister stated CHPA’S opposition and concern about the proposed legislation that would restrict the marketing, promotion of sale of dietary supplements, including but not limited to those products that contain ephedra alkaloids. He stated that there are 5 concerns and they are;
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CHPA members specifically state on their labeling that ephedra products are not intended for those under 18 years old, but locally imposed age restrictions unfairly target retailers and drive these legitimate products out of the marketplace.
The prohibition on promoting products that contain ephedra alkaloids is vague. It is not clear what is permitted in terms of product display and it attempts to outlaw legitimate marketing of permissible products.
The ordinance would require the placement of shelf signage wherever dietary supplements are sold. The size of the required poster alone will discourage many retailers from selling these products and it will deter customers from purchasing many beneficial products.
The requirement for posted warnings specific to ephedra supplements is not supported by credible scientific evidence.
Local requirements for retailers in Westchester County do not address the alleged concerns about these products. It will hurt local retailers, but consumers are free to travel outside the country to purchase these products. Even young people could easily evade the age limitations by purchasing the products elsewhere.
The Chair recognized Elaine Price, Commissioner of Consumer Protection.
Ms. Price gave each member a handout outlining the effects of ephedra and a letter from Charles Bell, Program Director of the Consumers Union detailing his concerns.(copy on file) She stated that the FDA would like to control dietary supplements because there is no guarantee that what is contained in the bottle is herbal stimulants. She further stated that there are many unregulated
ephedra products on the market. There is tremendous pressure to regulate dietary supplements. She stated that there is evidence that young people use these herbal supplements for bodybuilding and
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weight loss. Ms. Price stated that Suffolk County banned ephedra. She stated that she would provide as much information as necessary to the committee.
The Chair recognized Commissioner Lipsman.
Commissioner Lipsman stated that the legislation is proposing that any person or merchant selling dietary supplements in Westchester County, post a sign cautioning consumers to consult a medical professional when taking dietary supplements. He further stated that there is currently no systematic evaluation of the safety of products marketed as dietary supplements. These supplements enter the marketplace without undergoing a safety review by the Food and Drug Administration.
The Chair recognized Diane McEnroe, Attorney representing the National Nutritional Foods Association (NNFA).
Ms. McEnroe stated that the NNFA believes that the proposed legislation places the burden on retailers to either position the product behind the counter, which would limit the sales, or to be in the position of asking consumers for identification and judging its validity. NNFA has recommended, stated Ms. McEnroe, that manufacturers of products that contain ephedra, label their products in a responsible manner with appropriate warnings. She further stated that the manufacturers now have the authority to do so since the passage of DSHEA (Dietary Supplement Health and Education Act).
The Chair recognized Ms. Patricia Brodhagen, Food Industry Alliance-New York State.
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Ms. Brodhagen stated that the retailers would have the responsibility and liability of implementing legislation that should be regulated by the FDA. She further stated that the product information is best delivered on the label. Posting of warning signs is a burden to the retailer, as they are in the business of selling products. Space in a food store is at a premium. The retailer would be liable if required to place signs, especially if the sign was misplaced, lost, not there etc. all of which, she stated, would be a burden for the retailer as they would have to pay a fine.
After much discussion, it was agreed that much more information and research is needed to make the right decision.
The Chair thanked the guest.
Legislator Ryan made a motion to adjourn. Seconded by Legislator Maisano. All in favor 4-0.
The meeting adjourned at 3:45p.m.