II

103D CONGRESS

1ST SESSION S. 1762

To amend the Nutrition Labeling and Education Act of 1990 to impose

a moratorium with respect to the issuance of regulations on dietary

supplements.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Mr. HATCH (for himself, Mr. KENNEDY, and Mrs. KASSEBAUM) introduced

the following bill; which was read twice, considered, read the third time,

and passed

A BILL

To amend the Nutrition Labeling and Education Act of

1990 to impose a moratorium with respect to the issuance of regulations on dietary supplements.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Dietary Supplement

5 Regulation Moratorium Act of 1993’’.

6 SEC. 2. PROHIBITION OF IMPLEMENTATION.

7 Notwithstanding any other provision of law, the Sec8 retary of Health and Human Services may not implement

9 the Nutrition Labeling and Education Act of 1990 (Public
2

•S 1762 CPS

1 Law 101–535; 104 Stat. 2353), or any amendment made

2 by such Act, earlier than April 15, 1994, with respect to

3 dietary supplements of vitamins, minerals, herbs, amino

4 acids, or other similar nutritional substances.

5 SEC. 3. ISSUANCE OF FINAL REGULATIONS.

6 (a) NUTRITIONAL LABELING REGULATIONS.—The

7 second sentence of section 2(b)(1) of the Nutrition Label8 ing and Education Act of 1990 (21 U.S.C. 343 note) is

9 amended by striking ‘‘except’’ and all that follows through

10 the period and inserting ‘‘except that the Secretary shall

11 not issue any final regulations applicable to dietary sup12 plements of vitamins, minerals, herbs, amino acids, or

13 other similar nutritional substances before April 15,

14 1994.’’.

15 (b) CLAIMS REGULATION.—Section 3(b)(1)(B) of the

16 Nutrition Labeling and Education Act of 1990 (21 U.S.C.

17 343 note) is amended by striking ‘‘except’’ and all that

18 follows through the period and inserting ‘‘except that the

19 Secretary shall not issue any final regulations applicable

20 to dietary supplements of vitamins, minerals, herbs, amino

21 acids, or other similar nutritional substances before April

22 15, 1994.’’.

23 SEC. 4. REGULATIONS CONSIDERED TO BE FINAL.

24 (a) NUTRITIONAL LABELING.—The first sentence of

25 section 2(b)(2) of the Nutrition Labeling and Education
3

•S 1762 CPS

1 Act of 1990 (21 U.S.C. 343 note) is amended by striking

2 ‘‘except’’ and all that follows through the period and in3 serting ‘‘except that the proposed regulations applicable

4 to dietary supplements of vitamins, minerals, herbs, amino

5 acids, or other similar nutritional substances shall not be

6 considered to be final regulations until April 30, 1994.’’.

7 (b) CLAIMS REGULATIONS.—The first sentence of

8 section 3(b)(2) of the Nutrition Labeling and Education

9 Act of 1990 (21 U.S.C. 343 note) is amended by striking

10 ‘‘except’’ and all that follows through the period and in11 serting ‘‘except that the proposed regulations applicable

12 to dietary supplements of vitamins, minerals, herbs, amino

13 acids, or other similar nutritional substances shall not be

14 considered to be final regulations until April 30, 1994.’’.

15 SEC. 5. STATE ENFORCEMENT.

16 Section 10(a)(1)(C) of the Nutrition Labeling and

17 Education Act of 1990 (21 U.S.C. 343 note) is amended

18 by striking ‘‘except’’ and all that follows through ‘‘1993’’

19 and inserting ‘‘except that such amendments shall take

20 effect with respect to dietary supplements of vitamins,

21 minerals, herbs, amino acids, or other similar nutritional

22 substances on April 30, 1994’’.

Æ