COMMITTEE ON LEGISLATION
MEMBERS: Stewart-Cousins, Chair, Bronz, Hall, Ryan, Latimer and Oros
BOL: Steve Bass, Ann Giordano
GUESTS: Marvin Lipman, MD (Chief Medical Advisor of Consumers Union), (Bill Randolph (CEO), Liz Salvi (Law), Mike Sargent (Consumer Healthcare Products Assoc.), Chuck Bell (Consumers Union), Elaine Price (Consumer Protection), Richard Duschaneck (Consumer Protection), Wes Siegnar (Ephedra Committee, American Herbal Products Association), Denise Bruno (WCDOH), Mary Lynn Nicolas (Law), Stacey Dolgin-Kmetz (Law), Rosemary McLaughlin (LWV),
Chairwoman, Andrea Stewart-Cousins called the meeting to order at 11:43 a.m.
Chairwoman Stewart-Cousins opened the meeting by asking that the minutes of Feb. 19, and 25th be read. On motions of Hall and Oros the minutes were approved as read.
Chairwoman Stewart-Cousins introduced the Prequalification Board legislation that had been amended by the Law Department per the committee’s request. The committee approved the amendments. Chairwoman Stewart-Cousins accepted a motion from Ryan to sign out for all purposes the Local Law on Prequalification Board. Hall seconded the motion. All in favor: 5-0 (Latimer out for the vote)
Chairwoman Stewart-Cousins introduced Elaine Price who presented guests speaking on behalf of the Ephedra legislation. As an introduction, Ms. Price distributed packets of products containing Ephedra that bore the warning “Do not sell to minors.”
COMMITTEE ON LEGISLATION
MINUTES – APRIL 1, 2002
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The first guest to speak was Dr. Marvin Lipman, Chief Medical Advisor to Consumers Union, and a Professor of Clinical Medicine at New York Medical College in Valhalla. Dr. Lipman gave a presentation on Dietary Supplements, saying that the law allows anyone to launch a product with a health claim without clearance from any governmental agency, and that there is no registration process. He went on to say that effects go undocumented and that there are no established standards for purity or potency. He also said that what is on the label is sometimes not in the pill and analyses have shown that there are sometimes large discrepancies between the amount on the label and the actual drug content in the pill.
Dr. Denise Bruno was present on behalf of Dr. Lipsman. She spoke briefly and said that the Health Department is in strong support of this legislation.
The next guest to speak was Chuck Bell, Programs Director from Consumers Union. He has worked on this issue for about two years and felt that congressional action on this issue is unlikely. He said that the FDA does not have adequate authority to do pre-market safety tests or product evaluations, and the states of Texas and Ohio banned the sale of Ephedra to minors. In Texas there is a “Med Watch” phone number on the labels for consumers who wish to report an adverse reaction to a medication.
One guest spoke in opposition to the legislation. Wess Signur, a Washington D.C. attorney specializing in food and drug regulations who spoke on behalf of trade groups. Mr. Signur stated that the industry is not opposed to regulations but felt a national standard was more appropriate.
Mike Seargeant of Consumer Healthcare Products Association followed Signur, commenting on the perception that the industry does not support the regulations because they have worked to pass five bills to prevent claims.
Following the presentations the committee discussed elements of the proposed legislation including minors, signage, bans and other warnings.
COMMITTEE ON LEGISLATION
MINUTES – APRIL 1, 2002
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Based on the presentations and clarification, Chairwoman Stewart-Cousins asked the County Attorney’s office to redraft the legislation to ban Ephedra, which included ephedrine. The Legislation Committee would reconvene with the Environment & Health Committee later today to sign out the legislation for public hearing pending the Environment & Health Committees’ acceptance of proposed changes.
The following items were received and filed on motions of Oros and Latimer:
#8 Clerk of the Board: Solid Waste Commission Report:
#10 County Executive: Banning the Use and Sale of Products
Containing Mercury:
#14 Hon. George Latimer: State Assembly Committee Chairs and
Majority Leadership Positions for 2002:
#21 Hon. Michael Kaplowitz: Storm Water Phase II Final Rule
#22 Clerk of the Board: Solid Waste Commission 2001 Annual
Report:
Chairwoman Stewart-Cousins asked the committee to look over the item on Davids Island, recommitted with changes to the committee, for discussion on a future date.
The meeting was recessed at the call of the Chair, on motions by Latimer and Ryan. The meeting was recessed at 1:20 pm.