Pennsylvanians and other Americans need to work together to defeat recently introduced Pennsylvania House Bill 995. This bill would require that all dietary supplements be sold behind the counter only. It would also prohibit minors from purchasing such safe products as Vitamin C and B vitamins (even though they could still buy OTC drugs that pose an actual danger to their health).

Just imagine the difficulty of placing thousands of supplements "behind" a health store's counters. And for what real reason? Of course, just to restrict sales and availability to consumers of healthful products! This bill would accomplish nothing but to force grocery stores, health-food stores and drug stores to cease carrying the large variety of dietary supplements that they currently have. It would restrict consumer freedom of choice with no compensating benefits whatsoever. This bill must be defeated."

HB 995 By Representatives LaGROTTA, CALTAGIRONE, DENLINGER, J. EVANS,HABAY, JAMES, JOSEPHS, LEDERER, PISTELLA, THOMAS, WALKO, WASHINGTON, and YOUNGBLOOD.

An Act amending the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, regulating the sale of dietary supplments. Referred to JUDICIARY, March 16, 2005

PRINTER'S NO. 1141

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 995 Session of 2005

        INTRODUCED BY LaGROTTA, CALTAGIRONE, DENLINGER, J. EVANS, HABAY,
           JAMES, JOSEPHS, LEDERER, PISTELLA, THOMAS, WALKO, WASHINGTON
           AND YOUNGBLOOD, MARCH 16, 2005

        REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 2005

                                     AN ACT

     1  Amending the act of April 14, 1972 (P.L.233, No.64), entitled
     2     "An act relating to the manufacture, sale and possession of
     3     controlled substances, other drugs, devices and cosmetics;
     4     conferring powers on the courts and the secretary and
     5     Department of Health, and a newly created Pennsylvania Drug,
     6     Device and Cosmetic Board; establishing schedules of
     7     controlled substances; providing penalties; requiring
     8     registration of persons engaged in the drug trade and for the
     9     revocation or suspension of certain licenses and
    10     registrations; and repealing an act," regulating the sale of
    11     dietary supplements.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 2(b) of the act of April 14, 1972
    15  (P.L.233, No.64), known as The Controlled Substance, Drug,
    16  Device and Cosmetic Act, is amended by adding a definition to
    17  read:
    18     Section 2.  Definitions.--* * *
    19     (b)  As used in this act:
    20     * * *
    21     "Dietary supplement."  A product other than tobacco
    22  identified by the department using the following criteria:

     1     (1)  The product is intended to supplement the diet and bears
     2  or contains one or more of the following dietary ingredients:
     3     (i)  Vitamins.
     4     (ii)  Minerals.
     5     (iii)  Herbs or other botanicals.
     6     (iv)  Amino acids.
     7     (v)  Substances for use by natural persons to supplement the
     8  diet by increasing total daily intake.
     9     (vi)  Concentrates, metabolites, constituents, extracts or
    10  combinations of these ingredients.
    11     (2)  The product is intended for ingestion in pill, capsule,
    12  tablet or liquid form.
    13     (3)  The product is not represented for use as a conventional
    14  food or as the sole item of a meal or diet.
    15     (4)  The product is labeled as a dietary supplement.
    16  The term may include products such as an approved new drug,
    17  certified antibiotic or licensed biologic that was marketed as a
    18  dietary supplement or food before approval, certification or
    19  license.
    20     Section 2.  Section 35 of the act is amended to read:
    21     Section 35.  Promulgation of Regulations.--(a)  The secretary
    22  shall have the authority to promulgate in accordance with the
    23  provisions of this section and of the act of July 31, 1968
    24  (P.L.769, No. 240), known as the "Commonwealth Documents Law"
    25  any regulations hereinbefore referred to in this act and such
    26  other regulations with the consent of the board regarding the
    27  possession, distribution, sale, purchase or manufacture of
    28  controlled substances, other drugs or devices or cosmetics as
    29  may be necessary to aid in the enforcement of this act.
    30     (b)  The secretary shall promulgate regulations to require

     1  that the sale of dietary supplements not by prescription be sold
     2  behind the counter and shall not be sold to persons under
     3  eighteen years of age.
     4     Section 3.  This act shall take effect in 60 days.