Page:United States Statutes at Large Volume 108 Part 5.djvu/843

 PUBLIC LAW 103-417—OCT. 25, 1994 108 STAT. 4333 (b) MEMBERSHIP.— (1) COMPOSITION.—The Commission shall be composed of 7 members who shall be appointed by the President. (2) EXPERTISE REQUIREMENT.—The members of the Commission shall consist of individuals with expertise and experience in dietary supplements and in the manufacture, regulation, distribution, and use of such supplements. At least three of the members of the Commission shall be qualified by scientific training and experience to evaluate the benefits to health of the use of dietary supplements and one of such three members shall have experience in pharmacognosy, medical botany, traditional herbal medicine, or other related sciences. Members and staff of the Commission shall be without bias on the issue of dietary supplements. (c) FUNCTIONS OF THE COMMISSION.—The Commission shall conduct a study on, and provide recommendations for, the regulation of label claims and statements for dietary supplements, including the use of literature in connection with the sale of dietary supplements and procedures for the evaluation of such claims. In making such recommendations, the Commission shall evaluate how best to provide truthful, scientifically valid, and not misleading information to consumers so that such consumers may make informed and appropriate health care choices for themselves and their families. (d) ADMINISTRATIVE; POWERS OF THE COMMISSION.— (1) HEARINGS. —The Commission may hold hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this section. (2) INFORMATION FROM FEDERAL AGENCIES.— The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. (3) AUTHORIZATION OF APPROPRIATIONS.—T here are authorized to be appropriated such sums as may be necessary to carry out this section. (e) REPORTS AND RECOMMENDATIONS.— (1) FINAL REPORT REQUIRED.— Not later than 24 months after the date of enactment of this Act, the Commission shall prepare and submit to the President and to the Congress a final report on the study required by this section. (2) RECOMMENDATIONS.—The report described in paragraph (1) shall contain such recommendations, including recommendations for legislation, as the Commission deems appropriate. (3) ACTION ON RECOMMENDATIONS.—Within 90 days of the issuance of the report under paragraph (1), the Secretary of Health and Human Services shall publish in the Federal Register a notice of any recommendation of Commission for changes in regulations of the Secretary for the regulation of dietary supplements and shall include in such notice a notice of proposed rulemaking on such changes together with an opportunity to present views on such changes. Such rulemaking shall be completed not later than 2 years after the date of the issuance of such report. If such rulemaking is not completed on or before the expiration of such 2 years, regulations of the Secretary published in 59 FR 395-426 on January 4, 1994, shall not be in effect. President. Federal Register, publication.

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