Text of S. 1425 (113th): Dietary Supplement Labeling Act of 2013 (Introduced version)

113th CONGRESS

1st Session

S. 1425

IN THE SENATE OF THE UNITED STATES

August 1, 2013

Mr. Durbin (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To improve the safety of dietary supplements by amending the Federal Food, Drug, and Cosmetic Act to require manufacturers of dietary supplements to register dietary supplements with the Food and Drug Administration and to amend labeling requirements with respect to dietary supplements.

This Act may be cited as the Dietary Supplement Labeling Act of 2013 .

(a)

(1)

Section 415(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350d(a) ) is amended by adding at the end the following:

(6)

(A)

A facility engaged in manufacturing or processing dietary supplements that is required to register under this section shall comply with the requirements of this paragraph, in addition to the other requirements of this section.

(B)

(i)

A facility described in subparagraph (A) shall submit a registration under paragraph (1) that includes, in addition to the information required under paragraph (2)—

(I)

a description of each dietary supplement manufactured or processed by such facility;

(II)

a list of all ingredients in each such dietary supplement; and

(III)

a copy of the label for each such dietary supplement.

(ii)

The Secretary shall make the information provided under clause (i) publicly available, including by posting such information on the Internet Web site of the Food and Drug Administration.

(C)

(i)

Not later than the date described in clause (ii), if a facility described in subparagraph (A)—

(I)

manufactures or processes a dietary supplement that the facility previously did not manufacture or process and for which the facility did not submit the information required under subclauses (I) through (III) of subparagraph (B)(i);

(II)

reformulates a dietary supplement for which the facility previously submitted the information required under subclauses (I) through (III) of subparagraph (B)(i); or

(III)

no longer manufactures or processes a dietary supplement for which the facility previously submitted the information required under subclauses (I) through (III) of subparagraph (B)(i),

such facility shall submit to the Secretary an updated registration describing the change described in subclause (I), (II), or (III) and, in the case of a facility described in subclause (I) or (II), containing the information required under subclauses (I) through (III) of subparagraph (B)(i).

(ii)

The date described in this clause is—

(I)

in the case of a facility described in subclause (I) of clause (i), 30 days after the date on which such facility first markets the dietary supplement described in such subclause;

(II)

in the case of a facility described in subclause (II) of clause (i), 30 days after the date on which such facility first markets the reformulated dietary supplement described in such subclause; or

(III)

in the case of a facility described in subclause (III) of clause (i), 30 days after the date on which such facility removes the dietary supplement described in such subclause from the market.

(2)

Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following:

(z)

If it is a dietary supplement for which a facility is required to submit the registration information required under section 415(a)(6) and such facility has not complied with the requirements of such section 415(a)(6) with respect to such dietary supplement.

(b)

(1)

Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. ) is amended by inserting after section 411 the following:

411A.

(a)

Not later than 1 year after the date of enactment of the Dietary Supplement Labeling Act of 2013 , the Secretary shall compile a list of dietary supplement ingredients and proprietary blends of ingredients that the Secretary determines could cause potentially serious adverse events, drug interactions, or contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women.

(b)

The Secretary shall seek to enter into a contract with the Institute of Medicine under which the Institute of Medicine shall evaluate dietary supplement ingredients and proprietary blends of ingredients, including those on the list compiled by the Secretary under subsection (a), and scientific literature on dietary supplement ingredients and, not later than 18 months after the date of enactment of the Dietary Supplement Labeling Act of 2013 , submit to the Secretary a report evaluating the safety of dietary supplement ingredients and proprietary blends of ingredients the Institute of Medicine determines could cause potentially serious adverse events, drug interactions, or contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women.

(c)

Not later than 2 years after the date on which the Institute of Medicine issues the report under subsection (b), the Secretary, after providing for public notice and comment and taking into consideration such report, shall—

(1)

establish mandatory warning label requirements for dietary supplement ingredients that the Secretary determines to cause potentially serious adverse events, drug interactions, or contraindications, or potential risks to subgroups; and

(2)

identify proprietary blends of ingredients for which, because of potentially serious adverse events, drug interactions, or contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women, the weight per serving of the ingredient in the proprietary blend shall be provided on the label.

(d)

As appropriate, the Secretary, after providing for public notice and comment, shall update—

(1)

the list compiled under subsection (a);

(2)

the mandatory warning label requirements established under paragraph (1) of subsection (c); and

(3)

the requirements under paragraph (2) of subsection (c).

(2)

Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended—

(A)

in paragraph (q)(5)(F)(ii), by inserting , and for each proprietary blend identified by the Secretary under section 411A(c)(2), the weight of such proprietary blend, after ingredients); and

(B)

in paragraph (s)(2)—

(i)

in clause (A)(ii)(II), by inserting , and for each proprietary blend identified by the Secretary under section 411A(c)(2), the weight of each such proprietary blend per serving before the semicolon at the end;

(ii)

in clause (D)(iii), by striking or at the end;

(iii)

in clause (E)(ii)(II), by striking the period at the end and inserting a semicolon; and

(iv)

by adding at the end the following:

(F)

the label does not include information with respect to potentially serious adverse events, drug interactions, or contraindications, or potential risks to subgroups such as children and pregnant or breastfeeding women, as required under section 411A(c)(1); or

(G)

the label does not include the batch number.

(c)

Section 403(r)(6)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(6)(B) ) is amended by inserting , and provides such substantiation to the Secretary, as the Secretary may require after misleading.

(d)

The Secretary of Health and Human Services, not later than 1 year after the date of enactment of this Act and after providing for public notice and comment, shall establish a definition for the term conventional food for purposes of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ). Such definition shall take into account conventional foods marketed as dietary supplements, including products marketed as dietary supplements that simulate conventional foods.