H.R. 7366

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7366 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7366

To amend the Federal Food, Drug, and Cosmetic Act to clarify and affirm 
the preemptive authority of the Food and Drug Administration over 
dietary supplement regulation, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

February 4, 2026

Mr. Langworthy introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to clarify and affirm 
the preemptive authority of the Food and Drug Administration over 
dietary supplement regulation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Dietary Supplement Regulatory 
Uniformity Act''.

SEC. 2. CLARIFICATION OF FEDERAL PREEMPTION WITH RESPECT TO DIETARY 
SUPPLEMENT REGULATION.

Section 403A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
343-1) is amended by adding at the end the following:
``(c)(1) No State (or political subdivision thereof) may establish 
or continue in effect any requirement concerning a dietary supplement 
which is different from, or in addition to, or that is not otherwise 
identical with, a requirement applicable to a dietary supplement under 
this Act.
``(2) Upon application of a State or a political subdivision 
thereof, the Secretary may, by regulation and after notice and 
opportunity for a hearing, exempt from paragraph (1), under such 
conditions as may be prescribed in such regulation, a requirement of 
such State or political subdivision applicable to a dietary supplement 
if--
``(A) such requirement is more stringent than the 
applicable requirement under Federal law; or
``(B)(i) such requirement addresses a compelling local 
condition; and
``(ii) compliance with such requirement does not render the 
dietary supplement out of compliance with Federal law.''.
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