Page:United States Statutes at Large Volume 104 Part 2.djvu/63

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PUBLIC LAW 101-445—OCT. 22, 1990 104 STAT. 1043 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 GUIDEUNES.— 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 guideuice 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), Federal Register, publication. Federal Register, publication.