[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2208 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2208

  To amend the Federal Food, Drug, and Cosmetic Act to authorize food 
     claims which relate a nutrient to a disease or health-related 
                               condition.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1997

Mr. Upton (for himself, Mr. Towns, Mr. Frost, and Mr. Rush) introduced 
  the following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act to authorize food 
     claims which relate a nutrient to a disease or health-related 
                               condition.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumers' Nutrition and Health 
Information Act''.

SEC. 2. HEALTH CLAIMS OF FOOD PRODUCTS.

    Section 403(r)(3) (21 U.S.C. 343(r)(3)) is amended by adding at the 
end thereof the following new subparagraph:
    ``(C) Notwithstanding the provisions of subparagraphs (A)(i) and 
(B), a claim of the type described in paragraph (1)(B) which is not 
authorized by the Secretary in a regulation promulgated in accordance 
with subparagraph (B) shall be authorized and may be made if--
            ``(i) an authoritative scientific body of the United States 
        Government with official responsibility for public health 
        protection or research directly relating to human nutrition 
        (such as the National Institutes of Health or the Centers for 
        Disease Control and Prevention), or the National Academy of 
        Sciences or subdivision of the National Academy of Sciences has 
        published an authoritative statement, which is currently in 
        effect, recognizing that the relationship between the nutrient 
        and disease or health-related condition to which the claim 
        refers is supported by pertinent scientific evidence;
            ``(ii) a person has submitted to the Secretary at least 120 
        days before the first introduction of such food into interstate 
        commerce a notice of the claim, including a concise description 
        of the basis upon which such manufacturer or distributor relied 
        for determining that the requirements of subclause (i) have 
        been satisfied; and
            ``(iii) the food to which the claim refers is not 
        misbranded under section 403(a) or 201(n).
A statement shall be regarded as an official authoritative statement of 
an agency within the meaning of subclause (i) only if it is published 
by the agency, represents the current official position of an agency, 
and does not include a statement of an agency employee made in the 
employee's individual capacity.''.
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