Collapse to view only § 5342. Nutrition training report
§ 5341. Establishment of dietary guidelines
(a) Report
(1) In general
(2) Basis of guidelines
(3) Pregnant women and young children
(b) Approval by Secretaries
(1) Review
(2) Basis of review
(A) In general
During the sixty-day review period established in paragraph (1), the Secretaries shall review and approve or disapprove such guidance to assure that the guidance either is consistent with the “Dietary Guidelines for Americans” or that the guidance is based on medical or new scientific knowledge which is determined to be valid by the Secretaries. If after such sixty-day period neither Secretary notifies the proposing agency that such guidance has been disapproved, then such guidance may be issued by the agency. If both Secretaries disapprove of such guidance, it shall be returned to the agency. If either Secretary finds that such guidance is inconsistent with the “Dietary Guidelines for Americans” and so notifies the proposing agency, such agency shall follow the procedures set forth in this subsection before disseminating such proposal to the public in final form. If after such sixty-day period, either Secretary disapproves such guidance as inconsistent with the “Dietary Guidelines for Americans” the proposing agency shall—
(i) publish a notice in the Federal Register of the availability of the full text of the proposal and the preamble of such proposal which shall explain the basis and purpose for the proposed dietary guidance;
(ii) provide in such notice for a public comment period of thirty days; and
(iii) make available for public inspection and copying during normal business hours any comment received by the agency during such comment period.
(B) Review of comments
(C) Announcement
(D) Notification of disapproval
(E) Review of disapproval
(3) Limitation on definition of guidance
(4) “Identified population subgroups” defined
(c) Existing authority not affected
This section does not place any limitations on—
(1) the conduct or support of any scientific or medical research by any Federal agency;
(2) the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any Federal agency; or
(3) the authority of the Food and Drug Administration under the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.].
(Pub. L. 101–445, title III, § 301, Oct. 22, 1990, 104 Stat. 1042; Pub. L. 113–79, title IV, § 4204, Feb. 7, 2014, 128 Stat. 822.)
§ 5342. Nutrition training report
The Secretary of Health and Human Services, in consultation with the Secretaries of Agriculture, Education, and Defense, and the Director of the National Science Foundation, shall submit, within one year after October 22, 1990, a report describing the appropriate Federal role in assuring that students enrolled in United States medical schools and physicians practicing in the United States have access to adequate training in the field of nutrition and its relationship to human health.
(Pub. L. 101–445, title III, § 302, Oct. 22, 1990, 104 Stat. 1044.)