A bill to amend the Federal Food, Drug, and Cosmetic Act to establish certain limitations respecting the authority of the Secretary of Health, Education, and Welfare to regulate vitamins and minerals under that act.

Summary

Prohibits the Secretary of Health, Education, and Welfare from establishing maximum potency limits on any vitamin or mineral contained within a food for special dietary use. Prohibits the Secretary from classifying any vitamin or mineral as a drug on the basis of potency unless such vitamin or mineral is represented in its labeling for use against a disease in man and can only be obtained by prescription. Excepts from such prohibitions vitamins and minerals the Secretary has determined are represented for use by children or pregnant women. Stipulates that such prohibitions shall not limit the Secretary in the exercise of his authority under the Federal Food, Drug and Cosmetic Act. Imposes specific labeling requirements on foods for special dietary use. States that such a food shall not be deemed mislabeled solely because its label lists all ingredients in the food. Directs the Secretary to amend any regulation under the Federal Food, Drug and Cosmetic Act which is inconsistent with this Act and stipulates that such amendments must be made in accordance with the Administrative Procedure Act. Deems a food for special dietary use misbranded if its labeling violates requirements of this Act or its advertising is materially false or misleading. Exempts a person from the penalties imposed for misbranding of food if the food is deemed misbranded solely because of its advertising . Exempts a person from the penalties for a second such violation unless such violation is committed with the intent to defraud or mislead. Sets forth the grounds on which a libel for condemnation against any misbranded food may be instituted. Directs the Secretary to consult and coordinate with the Federal Trade Commission before initiating any action under this Act.

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Documents

1 official file

• Introduced in House

  summary · EN · 1 February 1977

  Open at official source

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