HBA-MPM H.B. 3619 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3619 By: Wohlgemuth Public Health 4/12/2001 Introduced BACKGROUND AND PURPOSE Ephedrine group alkaloids contained in some dietary supplements are amphetamine-like compounds with potentially powerful stimulant effects on the nervous system and heart. Studies have shown that this compound can be safe and effective if consumed in accordance with proven standards. In 1999, the Texas Department of Health (TDH) adopted rules for the formulation, sale, and distribution of dietary supplements containing natural ephedrine group alkaloids. TDH rules require such dietary supplements to contain a warning label. The labels do not include safe serving or daily intake labeling and do not contain a contact number for consumer questions. House Bill 3619 requires dietary supplements containing ephedrine group alkaloids to bear a label including a warning statement about possible adverse side effects, servings of certain ingredients, the company's toll-free number, and other information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3619 amends the Health and Safety Code to provide that food shall be deemed to be adulterated if it is a dietary supplement containing ephedrine group alkaloids unless: _the supplement's product label bears an adequate cautionary statement that includes the warning statement set forth in the bill or comparable language; _the product label lists the amount of ephedrine group alkaloids and caffeine alkaloids, if present, per serving; _the product does not contain more than 25 milligrams of total ephedrine group alkaloids per serving or, if a different serving limit is established under federal law, the product does not contain in excess of that limit; _the directions for use on the label specify the maximum recommended daily intake of ephedrine group alkaloids, which shall not exceed 100 milligrams per day; _the product label bears a company toll-free number for consumer questions; _neither finished product or raw materials used in the supplement contain any syntheticallyderived ephedrine group alkaloids or their salts; and _no claims shall be made that the product may be useful to achieve an altered state of consciousness, euphoria, or as a "legal" alternative for an illicit drug. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.