Senators reach agreement on dietary supplement legislation

Several weeks ago, Senators McCain and Dorgan introduced S. 3002, the Dietary Supplement Safety Act of 2010, stirring up vocal industry reaction at what it felt was 'over the top' regulation.

Last week, Senator McCain withdrew support for his own bill, announcing instead, through a letter to Sen. Tom Harkin, chair of the Senate Health, Education, Labor and Pensions Committee, that they had reached 'common ground' on key provisions of that bill to be incorporated into other legsilation including S. 510, the FDA Food Safety Modernization Bill.

These provision include:

-requiring all dietary supplement manufacturing, processing and holding facilities to register with the Secretary of Health and Human Services;

-ensuring the Food and Drug Administration has the authority to issue a mandatory recall order if a dietary supplement is adulterated or misbranded or "the use of such supplement could cause serious adverse health consequences such as death;"

-requiring the FDA commissioner to publish guidelines on new dietary ingredients "as soon as possible;"

-mandating that the FDA notify the Drug Enforcement Administration when a new dietary premarket notification is rejected because the product contains a synthetic anabolic steroid.

In a press release issued by S. 3002 supporter USADA on behalf of itself and a group called Supplement Saftety Now, Travis Tygart, USADA CEO notes, "These are needed improvements. The agreement provides much-needed additional consumer protections, without risking access to legal supplements."

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