HB 236: "An Act relating to the sale of weight-loss drugs and muscle-building supplements to minors; and relating to the regulation of weight-loss drugs and muscle-building supplements by municipalities."
00 HOUSE BILL NO. 236 01 "An Act relating to the sale of weight-loss drugs and muscle-building supplements to 02 minors; and relating to the regulation of weight-loss drugs and muscle-building 03 supplements by municipalities." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.76 is amended by adding a new section to read: 06 Sec. 11.76.155. Sale of weight-loss drugs and dietary supplements for 07 weight loss or muscle building to minors. (a) A seller may not sell an over-the- 08 counter weight-loss drug or dietary supplement for weight loss or muscle building to 09 another person unless 10 (1) the seller verifies that the person is 18 years of age or older by 11 checking a government-issued photo identification in person or, before shipping an 12 order, by using an age verification service or other method and the seller verifies that 13 the named recipient of the shipment, if not the same person as the person submitting 14 the order, is 18 years of age or older;
01 (2) the sale occurs in person and, from the person's outward 02 appearance, the seller would reasonably presume the person to be 25 years of age or 03 older; or 04 (3) the person is under 18 years of age and has a prescription for the 05 drug or supplement issued by a licensed practitioner. 06 (b) In this section, 07 (1) "dietary supplement for weight loss or muscle building" means a 08 dietary supplement as defined in 21 U.S.C. 321(ff) that is labeled, marketed, or 09 otherwise represented for the purpose of achieving weight loss or building muscle; 10 (2) "over-the-counter weight-loss drug" means a drug as defined in 21 11 U.S.C. 321(g)(1) that is labeled, marketed, or otherwise represented for the purpose of 12 achieving weight loss for which a prescription is not required under 21 U.S.C. 301 - 13 399i (Federal Food, Drug, and Cosmetic Act); 14 (3) "seller" means a person that, in the regular course of business, sells 15 a dietary supplement for weight loss or muscle building or an over-the-counter weight- 16 loss drug, whether in person or in response to an order, including an online order, for 17 shipment or delivery to a person. 18 (c) A seller or an employee of a seller who knowingly or intentionally violates 19 this section is guilty of a violation and is punishable by a fine of 20 (1) $250 for the first violation; and 21 (2) $350 for the second and each subsequent violation. 22 * Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 23 (68) AS 29.35.142 (regulation of the sale of weight-loss drugs and 24 dietary supplements for weight loss or muscle building to minors). 25 * Sec. 3. AS 29.35 is amended by adding a new section to read: 26 Sec. 29.35.142. Regulation of the sale of weight-loss drugs and dietary 27 supplements for weight loss or muscle building to minors. (a) The authority to 28 regulate the sale of weight-loss drugs and dietary supplements for weight loss or 29 muscle building to minors is reserved to the state, and, except as specifically provided 30 by statute, a municipality may not enact or enforce an ordinance regulating the sale of 31 weight-loss drugs or dietary supplements for weight loss or muscle building to minors.
01 (b) This section applies to home rule and general law municipalities.