Senator Jackie Speier ready to pull Ma Huang

May 16, 2003

Dear Friends,

Please check out this bill. I don't hear of too many people writing to Jackie Speier to present opposition or request an exception for Chinese medicine practitioners. Note that the Consumers Union is wildly in support of Jackie Speier's bill to completely ban all ma huang in CA. Please further note that the U.S. D.E.A. has mandated the appropriate use of Ephedra sinica (ma huang) as less than 5% of any given product. This flows well with ma huang use in Chinese formulas, and it's the federal legal perspective.

The link for feedback to Senator Jackie Speier is http://democrats.sen.ca.gov/servlet/gov.ca.senate.democrats.pub.members.memDisplayFeedback?district=sd08

For those who feel strongly about obtaining an except for CM practitioners, the time is short for voicing an opinion. Considering the power of the California Consumers Union, we may need to yell pretty loudly. You can voice your concerns to her at the above link. I'm wondering where AAOM can the California association are on this.

You can view the bill below. This is the current version as of today, and it's being rushed through the California senate right now.

In Service,

Emmanuel Segmen

BILL NUMBER: SB 582 AMENDED BILL TEXT AMENDED IN SENATE MARCH 24, 2003INTRODUCED BY Senator Speier FEBRUARY 20, 2003 An act to add Article 4.5 (commencing with Section 110423.100) toChapter 4 of Part 5 of Division 104 of the Health and Safety Code,relating to public health. LEGISLATIVE COUNSEL'S DIGEST SB 582, as amended, Ephedrine groupalkaloids . The Sherman Food, Drug, and Cosmetic Law contains variousprovisions regarding the packaging, labeling, and advertising offood, drugs, and cosmetics. Violation of any of these provisions isa crime. The act prohibits the sale of dietary supplementscontaining ephedrine group alkaloids or steroid hormone precursorsunless the product label of these products includes specifiedinformation. Existing law makes it a misdemeanor for anymanufacturer, wholesaler, retailer, or other person to sell,transfer, or otherwise furnish a dietary supplement containingephedrine group alkaloids or steroid hormone precursors to a personunder 18 years of age. This bill would instead prohibit the sale or distribution of anydietary supplement product containing ephedrine group alkaloids,notwithstanding specified existing law relating to the sale anddistribution of these supplements. Because the bill would create anew crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making thatreimbursement. This bill would provide that no reimbursement is required by thisact for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes .THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 4.5 (commencing with Section 110423.100) isadded to Chapter 4 of Part 5 of Division 104 of the Health and SafetyCode, to read: Article 4.5. Ephedrine Group Alkaloids 110423.100. Notwithstanding Article 4 (commencing with Section110423), the sale or distribution of any dietary supplement productscontaining ephedrine group alkaloids is prohibited. SEC. 2. No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction, eliminates a crime or infraction, or changes the penaltyfor a crime or infraction, within the meaning of Section 17556 of theGovernment Code, or changes the definition of a crime within themeaning of Section 6 of Article XIII B of the CaliforniaConstitution.