§ 5341. Establishment of dietary guidelines

Footnotes

1. 1 So in original. Probably should be “301”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National Nutrition Monitoring and Related Research Act of 1990

   Pub. L. 101–445 title III § 301 · 104 Stat. 1034

   Enacted · 7 U.S.C. § 5341

   Pub. L. 101–445, title III, § 301, Oct. 22, 1990, 104 Stat. 1042

   Source evidence

   Code source credit
   Pub. L. 101–445, title III, § 301, Oct. 22, 1990, 104 Stat. 1042

   Enacted provision · exact public law section
   SEC. 301. 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 Federal Register, publication. 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 Federal Register, publication. 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 dis-approval, 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) Definition of Identified Population Subgroups.— 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. 321 et seq.).

2. 2014

   Agricultural Act of 2014

   Pub. L. 113–79 title IV § 4204 · 128 Stat. 649

   Added · 7 U.S.C. § 5341(a)(3)

   Pub. L. 113–79 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 113–79 added par. (3).

   Enacted provision · exact public law section
   SEC. 4204. DIETARY GUIDELINES FOR AMERICANS.   Section 301(a) of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341(a)) is amended by adding at the end the following: “(3) Pregnant women and young children.— Not later than the 2020 report and in each report thereafter, the Secretaries shall include national nutritional and dietary information and guidelines for pregnant women and children from birth until the age of 2.” .

2 of 2 references resolved to an enrolled provision