SRC-MKV S.B. 1351 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1351
By: Armbrister
Health & Human Services
3/30/2001
As Filed


DIGEST AND PURPOSE 

In 1999 the Texas Department of Health (department) promulgated new
regulations setting standards for the formulation, sale, and distribution
of dietary supplements containing ephedrine group alkaloids from the herb
ephedra.  In addition, on July 7, 2000, the department adopted a regulation
that will require, as of September 1, 2001, that a dietary supplement
product containing ephedra have on its label the toll-free number of the
United States Food and Drug Administration MedWatch reporting system.
These existing regulations do not establish safe serving or daily intake
limits for dietary supplements containing ephedra.  As proposed, S.B. 1351
requires a dietary supplement containing ephedrine group alkaloids to have
a specified cautionary statement on the product label about the possible
side effects from taking too large of a dose of ephedrine and other
information relating to the amount of ephedrine per serving and the
recommended daily intake of the ephedrine group alkaloids. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 431.081, Health and Safety Code, by adding
Subsection (e), as follows: 

[Note: Section 431.081, Health and Safety Code, requires a food to be
deemed as adulterated:]  

(e) if it is a dietary supplement containing ephedrine group alkaloids,
unless the dietary supplement complies with certain requirements.  


SECTION 2.  Effective date: upon passage or September 1, 2001.