{"identifier":"/us/usc/t7/s5341","title":7,"num":"\u00a7\u202f5341.","heading":"Establishment of dietary guidelines","text":"\u00a7\u202f5341.\nEstablishment of dietary guidelines\n(a)\nReport\n(1)\nIn general\nAt least every five years the Secretaries shall publish a report entitled \u201cDietary Guidelines for Americans\u201d. Each such report shall contain nutritional and dietary information and guidelines for the general public, and shall be promoted by each Federal agency in carrying out any Federal food, nutrition, or health program.\n(2)\nBasis of guidelines\nThe information and guidelines contained in each report required under paragraph (1) shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared.\n(3)\nPregnant women and young children\nNot later than the 2020 report and in each report thereafter, the Secretaries shall include national nutritional and dietary information and guidelines for pregnant women and children from birth until the age of 2.\n(b)\nApproval by Secretaries\n(1)\nReview\nAny Federal agency that proposes to issue any dietary guidance for the general population or identified population subgroups shall submit the text of such guidance to the Secretaries for a sixty-day review period.\n(2)\nBasis of review\n(A)\nIn general\nDuring 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 \u201cDietary Guidelines for Americans\u201d 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 \u201cDietary Guidelines for Americans\u201d 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 \u201cDietary Guidelines for Americans\u201d the proposing agency shall\u2014\n(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;\n(ii) provide in such notice for a public comment period of thirty days; and\n(iii) make available for public inspection and copying during normal business hours any comment received by the agency during such comment period.\n(B)\nReview of comments\nAfter review of comments received during the comment period either Secretary may approve for dissemination by the proposing agency a final version of such dietary guidance along with an explanation of the basis and purpose for the final guidance which addresses significant and substantive comments as determined by the proposing agency.\n(C)\nAnnouncement\nAny such final dietary guidance to be disseminated under subparagraph (B) shall be announced in a notice published in the Federal Register, before public dissemination along with an address where copies may be obtained.\n(D)\nNotification of disapproval\nIf after the thirty-day period for comment as provided under subparagraph (A)(ii), both Secretaries disapprove a proposed dietary guidance, the Secretaries shall notify the Federal agency submitting such guidance of such disapproval, and such guidance may not be issued, except as provided in subparagraph (E).\n(E)\nReview of disapproval\nIf a proposed dietary guidance is disapproved by both Secretaries under subparagraph (D), the Federal agency proposing such guidance may, within fifteen days after receiving notification of such disapproval under subparagraph (D), request the Secretaries to review such disapproval. Within fifteen days after receiving a request for such a review, the Secretaries shall conduct such review. If, pursuant to such review, either Secretary approves such proposed dietary guidance, such guidance may be issued by the Federal agency.\n(3)\nLimitation on definition of guidance\nFor purposes of this subsection, the term \u201cdietary guidance for the general population\u201d does not include any rule or regulation issued by a Federal agency.\n(4)\n\u201cIdentified population subgroups\u201d defined\nFor purposes of this subsection, the term \u201cidentified population subgroups\u201d shall include, but not be limited to, groups based on factors such as age, sex, or race.\n(c)\nExisting authority not affected\nThis section does not place any limitations on\u2014\n(1) the conduct or support of any scientific or medical research by any Federal agency;\n(2) the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any Federal agency; or\n(3) the authority of the Food and Drug Administration under the provisions of the Federal Food, Drug, and Cosmetic Act (\n21 U.S.C. 321\n1\n1 So in original. Probably should be \u201c301\u201d.","url":"https://projectusc.org/usc/t7/s5341.html","content":[{"t":"sec","id":"/us/usc/t7/s5341","children":[{"t":"num","text":"\u00a7\u202f5341."},{"t":"heading","text":"Establishment of dietary guidelines"},{"t":"subsec","id":"/us/usc/t7/s5341/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Report"},{"t":"para","id":"/us/usc/t7/s5341/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"At least every five years the Secretaries shall publish a report entitled \u201cDietary Guidelines for Americans\u201d. Each such report shall contain nutritional and dietary information and guidelines for the general public, and shall be promoted by each Federal agency in carrying out any Federal food, nutrition, or health program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5341/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Basis of guidelines"},{"t":"content","children":[{"t":"p","text":"The information and guidelines contained in each report required under paragraph (1) shall be based on the preponderance of the scientific and medical knowledge which is current at the time the report is prepared.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5341/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Pregnant women and young children"},{"t":"content","children":[{"t":"p","text":"Not later than the 2020 report and in each report thereafter, the Secretaries shall include national nutritional and dietary information and guidelines for pregnant women and children from birth until the age of 2.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s5341/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Approval by Secretaries"},{"t":"para","id":"/us/usc/t7/s5341/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Review"},{"t":"content","children":[{"t":"p","text":"Any Federal agency that proposes to issue any dietary guidance for the general population or identified population subgroups shall submit the text of such guidance to the Secretaries for a sixty-day review period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5341/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Basis of review"},{"t":"subpara","id":"/us/usc/t7/s5341/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"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 \u201cDietary Guidelines for Americans\u201d 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 \u201cDietary Guidelines for Americans\u201d 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 \u201cDietary Guidelines for Americans\u201d the proposing agency shall\u2014"},{"t":"clause","id":"/us/usc/t7/s5341/b/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5341/b/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" provide in such notice for a public comment period of thirty days; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t7/s5341/b/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" make available for public inspection and copying during normal business hours any comment received by the agency during such comment period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s5341/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Review of comments"},{"t":"content","children":[{"t":"p","text":"After review of comments received during the comment period either Secretary may approve for dissemination by the proposing agency a final version of such dietary guidance along with an explanation of the basis and purpose for the final guidance which addresses significant and substantive comments as determined by the proposing agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s5341/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Announcement"},{"t":"content","children":[{"t":"p","text":"Any such final dietary guidance to be disseminated under subparagraph (B) shall be announced in a notice published in the Federal Register, before public dissemination along with an address where copies may be obtained.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s5341/b/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Notification of disapproval"},{"t":"content","children":[{"t":"p","text":"If after the thirty-day period for comment as provided under subparagraph (A)(ii), both Secretaries disapprove a proposed dietary guidance, the Secretaries shall notify the Federal agency submitting such guidance of such disapproval, and such guidance may not be issued, except as provided in subparagraph (E).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t7/s5341/b/2/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Review of disapproval"},{"t":"content","children":[{"t":"p","text":"If a proposed dietary guidance is disapproved by both Secretaries under subparagraph (D), the Federal agency proposing such guidance may, within fifteen days after receiving notification of such disapproval under subparagraph (D), request the Secretaries to review such disapproval. Within fifteen days after receiving a request for such a review, the Secretaries shall conduct such review. If, pursuant to such review, either Secretary approves such proposed dietary guidance, such guidance may be issued by the Federal agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5341/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Limitation on definition of guidance"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection, the term \u201cdietary guidance for the general population\u201d does not include any rule or regulation issued by a Federal agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5341/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"\u201cIdentified population subgroups\u201d defined"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection, the term \u201cidentified population subgroups\u201d shall include, but not be limited to, groups based on factors such as age, sex, or race.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t7/s5341/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Existing authority not affected"},{"t":"chapeau","text":"This section does not place any limitations on\u2014"},{"t":"para","id":"/us/usc/t7/s5341/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the conduct or support of any scientific or medical research by any Federal agency;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5341/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the presentation of any scientific or medical findings or the exchange or review of scientific or medical information by any Federal agency; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t7/s5341/c/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the authority of the Food and Drug Administration under the provisions of the Federal Food, Drug, and Cosmetic Act (","children":[{"t":"ref","text":"21 U.S.C. 321","href":"/us/usc/t21/s321","tail":"\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201c301\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201c301\u201d.","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}