By Wohlgemuth H.B. No. 3619 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. A BILL TO BE ENTITLED 1-1 AN ACT 1-2 related to the requirements for which a dietary supplement 1-3 containing ephedrine group alkaloids shall be deemed an adulterated 1-4 food. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 431.081, Health and Safety Code, is 1-7 amended by adding a new subsection (e) to read as follows: 1-8 (e) if it is a dietary supplement containing ephedrine group 1-9 alkaloids unless the dietary supplement complies with all of the 1-10 following requirements: 1-11 (1) The product label bears an adequate cautionary 1-12 statement, which shall at a minimum include the following language, 1-13 or comparable language: 1-14 "WARNING: Not intended for use by anyone under the age of 18. Do 1-15 not use this product if you are pregnant or nursing. Consult a 1-16 health care professional before using this product if you have 1-17 heart disease, thyroid disease, diabetes, high blood pressure, 1-18 depression or other psychiatric condition, glaucoma, difficulty in 1-19 urinating, prostate enlargement, or seizure disorder, if you are 1-20 using a monoamine oxidase inhibitor (MAOI) or any other 1-21 prescription drug, or you are using an over-the-counter drug 1-22 containing ephedrine, pseudoephedrine or phenylpropanolamine 1-23 (ingredients found in certain allergy, asthma, cough/cold and 2-1 weight control products). Exceeding recommended serving will not 2-2 improve results and may cause serious adverse health effects. 2-3 Discontinue use and call a health care professional immediately if 2-4 you experience rapid heartbeat, dizziness, severe headaches, 2-5 shortness of breath, or other similar symptoms." 2-6 (2) The product label lists the amount of ephedrine 2-7 group alkaloids and caffeine alkaloids, if present, per serving. 2-8 (3) The product does not contain in excess of 25 mg of 2-9 total ephedrine group alkaloids per serving, or, if a different 2-10 serving limit is established under federal law, the product does 2-11 not contain in excess of the limit established by such law. 2-12 (4) The directions for use on the label specify the 2-13 maximum recommended daily intake of ephedrine group alkaloids, 2-14 which shall not exceed 100 mg per day. 2-15 (5) The product label bears a company toll-free number 2-16 for consumer questions regarding the product. 2-17 (6) Neither finished product nor raw materials used in 2-18 their manufacture shall contain any synthetically-derived ephedrine 2-19 group alkaloids or their salts (e.g., ephedrine sulfate; 2-20 pseudoephedrine hydrochloride; phenylpropanolamine hydrochloride). 2-21 (7) No claims shall be made that the product may be 2-22 useful to achieve an altered state of consciousness, euphoria, or 2-23 as a "legal" alternative for an illicit drug. 2-24 SECTION 2. This Act takes effect immediately if it receives 2-25 a vote of two-thirds of all the members elected to each house, as 2-26 provided by Section 39, Article III, Texas Constitution. If this 3-1 Act does not receive the vote necessary for immediate effect, this 3-2 Act takes effect September 1, 2001.