Role of Diet in Natural Supplement law in Virginia and Maryland

Natural Supplement

Dietary Supplements Modifies the Federal Food, Drug, and Cosmetic Act to establish a new regulatory framework for safety and labeling of food additives. Whenever an amendment or repeal is expressed in this Act by way of amendment of, or repeal of, a section or other provision, reference shall be taken to a section or other provision of the Federal Food, Drug, and Cosmetic Act. Title IV of the Federal Food and Drug Administration Act is amended by inserting after Section 485B. The codified legislation, SS 10-46-15.2, is a law that exempts groceries purchased using food stamps.

SS 39-16-105(a)(vi)(e) exempts purchases of groceries used in home cooking. SS 77.54 (20n) (a) gives the exemptions, and also which items are included as foodstuffs and ingredients in foodstuffs. Vermont has a sales tax exclusion on foods and food ingredients that are intended for human consumption outside of a retail foodstuffs establishment. Rhode Island exempts from sales tax food and food ingredients consumed off-premises.

Texas does not count vitamins or dietary supplements as food, but instead considers them to be medical supplies, which are exempt. Texas does not typically impose sales taxes on vitamins and supplements. Some states do consider nutritional supplements, as they typically have Nutrition Facts labels rather than Supplement Facts or Drug Facts labels. These only apply to supplements containing vitamins and/or minerals, in which those products are regulated as foods, and address supplement ingredients, including safety, purity, and bioavailability.

In the European Union, food supplements are regulated as foods, with the legislation focused on vitamins and minerals used as ingredients of food supplements. The EU Commission regulations are intended to promote safety of food supplements and appropriate labeling. In 2005, the Codex Alimentarius adopted guidelines on vitamin and mineral food additives. In certain cases, excess consumption of vitamins and minerals can be detrimental or produce undesirable side effects; thus, maximal levels are required to assure safe supplementation with foods.

All calcium intakes, both dietary and from supplements, need to be considered so that excess intake is avoided. A nutritional history assessing consumption of vegetables and dairy products that are high in calcium may provide useful information for supplementation guidance.

The federal Food, Drug, and Cosmetic Act (FD&C) defines dietary supplements as products taken orally containing a food ingredient intended to enhance diet. Dietary supplements are available in a variety of forms including tablets, capsules, powders, energy bars, and liquids and are available over-the-counter at stores and through the Internet. FDA regulates dietary supplements manufacturing, production, labeling, and packaging under the Dietary Supplement Health and Education Act (DSHEA), which was passed in 1994 as an amendment to federal food regulations. Dietary supplement companies are responsible for having proof their products are safe, and ensuring label claims are truthful and non-misleading.

For that reason, the Food and Drug Administration will continue to strive to complement these measures with industry and consumer education, and it will continue to assist the dietary supplement industry through regulations and guidance documents that address dietary supplement manufacture, labeling, and sales. CFSAN has also issued consumer advisories regarding unsafe products, such as an advisories that FDA issued regarding dietary supplements that contained Kava, a botanical ingredient; it continues to communicate with industry regarding practices that are permitted under the Act. In addition, manufacturers are not required to submit an FDA product safety certificate prior to marketing dietary supplements, except when supplements contain new dietary ingredients (October 1994).

Worse, supplement manufacturers are also not required to inform the FDA when they receive reports of adverse health reactions caused by their products. Now, this is complicated further by the fact that the FDA has a lot of actual bureaucrats that detest dietary supplements and would like to see dietary supplements given premarket approval, thereby driving down the costs of vitamins, minerals, even herbal products. The underlying framework of DSHEA allowed for any products that were being sold as dietary supplements at the time of enactment of the law to remain on the market, except where the FDA can prove a safety issue in a specific product or product line this is what is called a grandfather clause; manufacturers have to inform FDA before they can sell any new ingredients.

Dietary supplements are regulated differently from regular foods and medications by the U.S. Food and Drug Administration (FDA). Pharmaceuticals undergo the rigorous FDA approval process before being placed on the market; medications are considered unsafe before the evidence shows that they are safe. In Australia, most supplements are regulated in a complementary medicines category that includes vitamins, minerals, herbs, aromatherapy, and homeopathic products, though some products can be considered foods with specific uses and are regulated by food authorities. Such regulations should be modelled on the food industrys existing Good Manufacturing Practices regulations, and cannot impose standards that do not have current, commonly available analytical methodologies.

SS 67-6-228 provides for a distinction between low- and high-tax rates on food products. Wyoming issued the Food Exemption from the sales tax, 4/24/2006, clarifying exempt items. South Carolina typically exempts from sales tax nonprepared foods eligible for the Federal Food Stamp Program. The Emergency Food Assistance Program supplements the diets of needy individuals, including seniors, providing emergency meals and assistance with grocery expenses. The Supplemental Nutritional Assistance Program is designed to promote health among low-income pregnant women, new mothers, infants, children, and seniors by enhancing the nutritional intake of pregnant women from USDA foods.