§ 391-oo. Sale of over-the-counter diet pills and dietary supplements\nfor weight loss or muscle building. 1. For purposes of this section the\nfollowing terms shall have the following meanings:\n (a) "Dietary supplements for weight loss or muscle building" means a\nclass of dietary supplement as defined in section three hundred\nninety-one-o of this article that is labeled, marketed, or otherwise\nrepresented for the purpose of achieving weight loss or muscle building,\nbut shall not include protein powders, protein drinks and foods marketed\nas containing protein unless the protein powder, protein drink or food\nmarketed as containing protein contains an ingredient other than protein\nwhich would, considered alone, constitute a dietary supplement for\nweight loss or muscle building.\n (b) "Over-the-counter diet pills" means a class of drugs labeled,\nmarketed, or otherwise represented for the purpose of achieving weight\nloss that are lawfully sold, transferred, or furnished over-the-counter\nwith or without a prescription pursuant to the federal food, drug, and\ncosmetic act, 21 U.S.C. section 301 et seq., or regulations adopted\nthereunder.\n (c) "Retail establishment" means any vendor that, in the regular\ncourse of business, sells dietary supplements for weight loss or muscle\nbuilding or over-the-counter diet pills at retail directly to the\npublic, including, but not limited to, pharmacies, grocery stores, other\nretail stores, and vendors that accept orders placed by mail, telephone,\nelectronic mail, internet website, online catalog, or software\napplication.\n (d) "Delivery sale" means any sale of over-the-counter diet pills or\ndietary supplements for weight loss or muscle building to a consumer if:\n (i) the consumer submits the order for the sale by means of a\ntelephone or other method of voice transmission, mail, or the internet\nor other online service, or the seller is otherwise not in the physical\npresence of the buyer when the request for purchase or order is made; or\n (ii) the over-the-counter diet pills or dietary supplements for weight\nloss or muscle building are delivered to the buyer by common carrier,\nprivate delivery service, or other method of remote delivery, or the\nseller is not in the physical presence of the buyer when the buyer\nobtains possession of the over-the-counter diet pills or dietary\nsupplements for weight loss or muscle building.\n (e) "Delivery seller" means a vendor, including online retailers, who\nmakes delivery sales of over-the-counter diet pills or dietary\nsupplements for weight loss or muscle building. Such vendors shall\ninclude persons who accept orders placed by mail, telephone, electronic\nmail, internet website, online catalog, or software application.\n 2. No person, firm, corporation, partnership, association, limited\nliability company, or other entity shall sell or offer to sell or give\naway, as either a retail or wholesale promotion, an over-the-counter\ndiet pill or dietary supplement for weight loss or muscle building\nwithin this state to any person under eighteen years of age. Retail\nestablishments shall require proof of legal age for purchase of such\nproducts. For purposes of this section, proof of legal age shall mean\n(a) a valid driver's license or non-driver's identification card issued\nby the commissioner of motor vehicles, the federal government, any\nUnited States territory, commonwealth or possession, the District of\nColumbia, a state government within the United States, a provincial\ngovernment of the dominion of Canada, or the city of New York, or (b) a\nvalid passport issued by the United States government or any other\ncountry, or (c) an identification card issued by the armed forces of the\nUnited States, indicating that the individual is at least eighteen years\nof age, or (d) a student identification card, provided such card\nindicates the date of birth of the individual. Such identification need\nnot be required of any individ
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