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.