I 
110TH CONGRESS 
2D SESSION 
H. R. 7120 
To amend the Federal Food, Drug, and Cosmetic Act concerning the distribu-
tion and citation of scientific research in connection with foods and 
dietary supplements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2008 
Mr. CANNON introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act con-
cerning the distribution and citation of scientific research 
in connection with foods and dietary supplements, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Science Free Speech 
Act’’. 
SEC. 2. DEFINITION OF A DRUG. 
Section 201(g)(1) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 321(g)(1)) is amended by adding 
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at the end the following: ‘‘A food or dietary supplement, 
for which a claim regarding legitimate scientific research 
is made in accordance with section 403B, is not a drug 
solely because of such claim.’’. 
SEC. 3. MISBRANDED FOOD. 
Section 403(r)(1)(B) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 343(r)(1)(B)) is amended by 
striking ‘‘unless the claim is made in accordance with sub-
paragraph (3) or (5)(D)’’ and inserting ‘‘unless the claim 
is made in accordance with subparagraph (3) or (5)(D) 
or is a claim regarding legitimate scientific research made 
in accordance with section 403B’’. 
SEC. 4. FOOD AND DIETARY SUPPLEMENT LABELING EX-
EMPTIONS. 
Section 403B of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 343–2) is amended to read as fol-
lows: 
‘‘SEC. 403B. FOOD AND DIETARY SUPPLEMENT LABELING 
EXEMPTION. 
‘‘(a) LEGITIMATE SCIENTIFIC RESEARCH.—The use 
of truthful and not misleading information on legitimate 
scientific research in connection with the sale or distribu-
tion of a food or dietary supplement to consumers shall 
not be treated as a violation of this Act and shall not be 
deemed evidence of an intent to sell a drug. 
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‘‘(b) ACTIONS BY SECRETARY.—The Secretary— 
‘‘(1) shall not restrict in any way the distribu-
tion of truthful and not misleading information on 
legitimate scientific research described in subsection 
(a); and 
‘‘(2) shall not prohibit manufacturers or dis-
tributors of foods or dietary supplements from in-
cluding citations to legitimate scientific research in 
the labeling of a food or a dietary supplement, even 
if the citation expressly or implicitly references a dis-
ease or a disease condition. 
‘‘(c) BURDEN OF PROOF.—In any administrative or 
judicial proceeding in which the Secretary contests the use 
of material being disseminated or cited as legitimate sci-
entific research, the burden of proof shall be on the Sec-
retary to disprove that the material is truthful and not 
misleading information on legitimate scientific research. 
‘‘(d) DEFINITION.—In section 201(g) and this sec-
tion, the term ‘legitimate scientific research’ means sci-
entific research, whether performed in vitro, in vivo, in 
animals, or in humans, that is— 
‘‘(1) conducted in accordance with sound sci-
entific principles; and 
‘‘(2) evaluated and accepted by a scientific or 
medical panel or published in— 
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‘‘(A) a recognized scholastic textbook or a 
peer-reviewed scientific publication or database; 
‘‘(B) any publication of the United States 
Government (including publications by or at the 
request of any Federal department, agency, in-
stitute, center, or academy); or 
‘‘(C) an accurate balanced summary or sci-
entific review of information published in ac-
cordance with subparagraph (A) or (B).’’. 
SEC. 5. DIAGNOSTIC TESTS. 
Chapter III of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 331 et seq.) is amended by inserting after 
section 301 the following: 
‘‘SEC. 301A. PERMITTED ACTS. 
‘‘The Secretary shall not prohibit or restrict a retailer 
or wholesaler of any agricultural product, including fresh 
produce, in any way from— 
‘‘(1) testing any of its agricultural products for 
any pathogens, including bacteria, viruses, protozoa, 
fungi, or parasites, that may— 
‘‘(A) potentially be transmitted to humans; 
or 
‘‘(B) potentially cause illness or disease in 
humans; or 
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‘‘(2) communicating the results of the tests de-
scribed in paragraph (1) to the public.’’. 
Æ 
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