PROHIBITION.

SEC. 202. PROHIBITION. (a) In General.— (1) Prohibition on implementation.— Notwithstanding any other provision of law and except as provided in subsection (b) and in the amendment made by paragraph (2)(A), the Secretary of Health and Human Services may not implement the Nutrition Labeling and Education Act of 1990 (Public Law 101–535; 104 Stat. 2353), or any amendment made by such Act, earlier than December 15, 1993, with respect to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances. (2) Federal regulatory action.— 106 STAT. 4501 (A) Proposed regulations.— The first sentence of section 2(b)(1), and the first sentence of section 3(b)(1)(A), of the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note) are each amended by inserting before the period the following: except that the Secretary shall issue, not later than June 15, 1993, proposed regulations that are applicable to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances to implement such section”. (B) Final regulations.— (i) Issuance of final regulations.— The second sentence of section 2(b)(1), and section 3(b)(1)(B), of the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note) are each amended by inserting before the period the following: except that the Secretary shall issue, not later than December 31, 1993, such a final regulation applicable to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances.”. (ii) Regulations considered to be final.—The first sentence of section 2(b)(2), and the first sentence of section 3(b)(2), of the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note) are each amended by inserting before the period the following: “, except that the proposed regulations applicable to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances shall not be considered to be final regulations until December 31, 1993”. (C) Construction.— The amendments made by subparagraph (B) shall not be construed to modify the effective date of final regulations under sections 2(b) and 3(b) of the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note) with respect to foods that are not such dietary supplements. (3) State action.— Section 10(a)(1)(C) of the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note) is amended by inserting before the comma the following: “, except that such amendments shall take effect with respect to such dietary supplements on December 31, 1993”. (4) Preemption.— Section 10(b) of the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note) is amended by adding at the end the following: “(3) Requirements pertaining to certain claims.—Notwithstanding subparagraphs (D) and (E) of paragraph (1) and except with respect to claims approved in accordance with section 202(b) of the Dietary Supplement Act of 1992, the requirements described in paragraphs (4) and (5) of section 403A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343–1(a) (4) and (5)) that pertain to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances shall not take effect until the date final regulations take effect to implement subsection (q) or (r), as appropriate, of section 403 of such Act with respect to such dietary supplements.”. (b) Health Claims.— Notwithstanding section 403(r)(5)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(5)(D)) and subsection (a), the Secretary of Health and Human Services106 STAT. 4502 may, earlier than December 15, 1993, approve claims made with respect to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances that are claims described in clauses (vi) and (x) of section 3(b)(1)(A) of the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note).