
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
