Page:United States Statutes at Large Volume 104 Part 4.djvu/41

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PUBLIC LAW 101-535 ~ -N OV. 8, 1990 104 STAT. 2357 required by such section 403(q) and which is of the type described in subparagraph (1) or (2) of such section, and (D) permit the nutrition information on the label or labeling of a food to remain the same or permit the information to be stated as a range even though (i) there are minor variations in the nutritional value of the food which occur in the normal course of the production or processing of the food, or (ii) the food is comprised of an assortment of similar foods which have variations in nutritional value. (2) If the Secretary of Health and Human Services does not promulgate final regulations under paragraph (1) upon the expiration of 24 months after the date of the enactment of this Act, the proposed regulations issued in accordance with paragraph (1) shall be considered as the final regulations upon the expiration of such 24 months. There shall be promptly published in the Federal Register notice of new status of the proposed regulations. (3) If the Secretary of Health and Human Services does not promulgate final regulations under section 403(q)(4) of the Federal Food, Drug, and Cosmetic Act upon the expiration of 6 months after the date on which the Secretary makes a finding that there has been no substantial compliance with section 403(q)(4)(C) of such Act, the proposed regulations issued in accordance with such section shall be considered as the final regulations upon the expiration of such 6 months. There shall be promptly published in the Federal Register notice of new status of the proposed regulations. (c) CONSUMER EDUCATION.—The Secretary of Health and Human Services shall carry out activities which educate consumers about— (1) the availability of nutrition information in the label or labeling of food, and (2) the importance of that information in maintaining healthy dietary practices. SEC. 3. CLAIMS. (a) LABEUNG REQUIRED.— Section 403 (21 U.S.C. 343) is amended by adding after the paragraph added by section 2 the following: "(r)(l) Except as provided in clauses (A) through (C) of subparagraph (5), if it is a food intended for human consumption which is offered for sale and for which a claim is made in the label or labeling of the food which expressly or by implication— "(A) characterizes the level of any nutrient which is of the type required by paragraph (q)(l) or (q)(2) to be in the label or labeling of the food unless the claim is made in accordance with subparagraph (2), or "(B) characterizes the relationship of any nutrient which is of the type required by paragraph (q)(l) or (q)(2) to be in the label or labeling of the food to a disease or a health-related condition unless the claim is made in accordance with subparagraph (3) or 5(D). A statement of the type required by paragraph (q) that appears as part of the nutrition information required or permitted by such paragraph is not a claim which is subject to this paragraph and a claim subject to clause (A) is not subject to clause (B). Federal Register, publication. Federal Register, publication. 21 USC 343 note.