Appendix B
PURPOSE
The Secretary of Health and Human Services, in order to meet the intent of The Dietary Supplement Health and Education Act of 1994, P.L. 103-417, Section 12, is establishing a Commission on Dietary Supplement Labels that will develop recommendations for the regulation of label claims and statements for dietary supplements. The Commission is to evaluate how best to provide truthful, scientifically valid, and not misleading information to consumers so that such consumers may make appropriate health care choices for themselves and their families.
The Commission on Dietary Supplement Labels is established for the single, time-limited task of conducting a study on the regulation of label claims and statements for dietary supplements and providing a final report to the Secretary of the Department of Health and Human Services (HHS), the President, and the Congress on its findings and possible recommendations.
AUTHORITY
42 U.S. Code 217a, Section 222 of the Public Health Service Act, as amended. The Commission is governed by the provision of Public Law 92-463, as amended (5 U.S.C., Appendix 2), which sets forth standards for the formation and use of advisory committees.
FUNCTION
The Commission on Dietary Supplement Labels 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.
The Commission may hold hearings, sit and act at such times and plows, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this section. The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its charge.
STRUCTURE
The Commission shall consist of seven members, including the chairperson, appointed by the President. Members shall possess expertise and experience in dietary supplements and in the manufacture, regulation, distribution, and use of such supplements. At least three of the members 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 fields.
MEETINGS
Meetings shall be held at the call of the Chair with the advance approval of a Government official, who shall also approve the agenda. It is anticipated that the Commission will meet six (6) to eight (8) times. A Government official shall be present at all meetings.
Meetings shall be open to the public except as determined otherwise by the Secretary; and, records of the proceedings kept as required by applicable laws and Departmental regulations. Notice of all meetings shall be given to the public.
COMPENSATION
Members shall not receive compensation for their service but shall be paid travel and per diem expenses in accordance with Standard Government Travel Regulations.
ANNUAL COST ESTIMATE
The estimated annual cost of operating the Commission, including travel and per diem expenses for members, but excluding staff support, is $277,243. The estimated annual person years of staff support required is 2.5 at an estimated annual cost of $138,535.
REPORTS
The Commission shall prepare a final report to the Secretary of HHS, the President, the Speaker of the House of Representatives, and the President of the Senate that includes the results of its study and any findings or recommendations the Commission may choose to make, including recommendations for legislation.
In the event a portion of a meeting is closed to the public, a report shall be prepared which shall contain, as a minimum, a list of the members and their business addresses, the Commissions functions, dates and places of meetings, and a summary of the Commission activities and recommendations made during the fiscal year. A copy of the report shall be provided to the Department Committee Management Officer.
TERMINATION DATE
Unless renewed by appropriate action prior to its expiration, the Commission on Dietary Supplement Labels will terminate after delivery of its final report to the Secretary, the President, and the Congress, or two years from the date this charter is approved, whichever is sooner.
APPROVED:
Commission on Dietary Supplement Labels