By:  Moncrief                                         S.B. No. 1606

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of dietary supplements and homeopathic

 1-2     remedies under the Texas Food, Drug and Cosmetic Act.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 431.002 (14) and (26), Health and Safety

 1-5     Code, are amended to read as follows:

 1-6                 (14)  "Drug" means articles recognized in the official

 1-7     compendium [United States Pharmacopoeia National Formulary], or any

 1-8     supplement to it, articles designed or intended for use in the

 1-9     diagnosis, cure, mitigation, treatment, or prevention of disease in

1-10     man or other animals, articles, other than food, intended to affect

1-11     the structure or any function of the body of man or other animals,

1-12     and articles intended for use as a component of any article

1-13     specified in this subdivision.  The term does not include devices

1-14     or their components, parts, or accessories or dietary supplements

1-15     as defined in the federal Act.  A food for which a claim is made in

1-16     accordance with Section 403(r) of the federal Act, and for which

1-17     the claim is approved by the secretary, is not a drug solely

1-18     because the label or labeling contains such a claim.

1-19                 (26)  "Official compendium" means the official United

1-20     States Pharmacopoeia, the official Homeopathic Pharmacopoeia, the

1-21     National Formulary, or any supplement to these documents [it].