§ 5341. — Establishment of dietary guidelines.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC5341]
TITLE 7--AGRICULTURE
CHAPTER 84--NATIONAL NUTRITION MONITORING AND RELATED RESEARCH
SUBCHAPTER III--DIETARY GUIDANCE
Sec. 5341. Establishment of dietary guidelines
(a) Report
(1) In general
At least every five years the Secretaries shall publish a report
entitled ``Dietary Guidelines for Americans''. Each such report
shall contain nutritional and dietary information and guidelines for
the general public, and shall be promoted by each Federal agency in
carrying out any Federal food, nutrition, or health program.
(2) Basis of guidelines
The information and guidelines contained in each report required
under paragraph (1) shall be based on the preponderance of the
scientific and medical knowledge which is current at the time the
report is prepared.
(b) Approval by Secretaries
(1) Review
Any Federal agency that proposes to issue any dietary guidance
for the general population or identified population subgroups shall
submit the text of such guidance to the Secretaries for a sixty-day
review period.
(2) Basis of review
(A) In general
During the sixty-day review period established in paragraph
(1), the Secretaries shall review and approve or disapprove such
guidance to assure that the guidance either is consistent with
the ``Dietary Guidelines for Americans'' or that the guidance is
based on medical or new scientific knowledge which is determined
to be valid by the Secretaries. If after such sixty-day period
neither Secretary notifies the proposing agency that such
guidance has been disapproved, then such guidance may be issued
by the agency. If both Secretaries disapprove of such guidance,
it shall be returned to the agency. If either Secretary finds
that such guidance is inconsistent with the ``Dietary Guidelines
for Americans'' and so notifies the proposing agency, such
agency shall follow the procedures set forth in this subsection
before disseminating such proposal to the public in final form.
If after such sixty-day period, either Secretary disapproves
such guidance as inconsistent with the ``Dietary Guidelines for
Americans'' the proposing agency shall--
(i) publish a notice in the Federal Register of the
availability of the full text of the proposal and the
preamble of such proposal which shall explain the basis and
purpose for the proposed dietary guidance;
(ii) provide in such notice for a public comment period
of thirty days; and
(iii) make available for public inspection and copying
during normal business hours any comment received by the
agency during such comment period.
(B) Review of comments
After review of comments received during the comment period
either Secretary may approve for dissemination by the proposing
agency a final version of such dietary guidance along with an
explanation of the basis and purpose for the final guidance
which addresses significant and substantive comments as
determined by the proposing agency.
(C) Announcement
Any such final dietary guidance to be disseminated under
subparagraph (B) shall be announced in a notice published in the
Federal Register, before public dissemination along with an
address where copies may be obtained.
(D) Notification of disapproval
If after the thirty-day period for comment as provided under
subparagraph (A)(ii), both Secretaries disapprove a proposed
dietary guidance, the Secretaries shall notify the Federal
agency submitting such guidance of such disapproval, and such
guidance may not be issued, except as provided in subparagraph
(E).
(E) Review of disapproval
If a proposed dietary guidance is disapproved by both
Secretaries under subparagraph (D), the Federal agency proposing
such guidance may, within fifteen days after receiving
notification of such disapproval under subparagraph (D), request
the Secretaries to review such disapproval. Within fifteen days
after receiving a request for such a review, the Secretaries
shall conduct such review. If, pursuant to such review, either
Secretary approves such proposed dietary guidance, such guidance
may be issued by the Federal agency.
(3) Limitation on definition of guidance
For purposes of this subsection, the term ``dietary guidance for
the general population'' does not include any rule or regulation
issued by a Federal agency.
(4) ``Identified population subgroups'' defined
For purposes of this subsection, the term ``identified
population subgroups'' shall include, but not be limited to, groups
based on factors such as age, sex, or race.
(c) Existing authority not affected
This section does not place any limitations on--
(1) the conduct or support of any scientific or medical research
by any Federal agency;
(2) the presentation of any scientific or medical findings or
the exchange or review of scientific or medical information by any
Federal agency; or
(3) the authority of the Food and Drug Administration under the
provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C.
301 et seq.].
(Pub. L. 101-445, title III, Sec. 301, Oct. 22, 1990, 104 Stat. 1042.)
References in Text
The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
(c)(3), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which
is classified generally to chapter 9 (Sec. 301 et seq.) of Title 21,
Food and Drugs. For complete classification of this Act to the Code, see
section 301 of Title 21 and Tables.
Section Referred to in Other Sections
This section is referred to in title 42 sections 1758, 1760.
