S722 Fyi

jrackam · 08-01-2004, 12:33 AM

FYI, the Anti-Prohormone Bill everyone is worrying about is the Dietary Supplement Safety Act of 2003 also known as S722, may be viewed at the following site: http://www.senate.gov/pagelayout/leg...ative_home.htm

Under "By Number" type S722 and select "Go". From there you may read the proposed bill for yourself. For instance, although the bill has been introduced by Sen. Richard Durbin it is also sponsored by Sen. Hillary Clinton, Sen. Dianne Feinstein, Sen. John McCain, and Sen. Charles Schumer.
In regard to PH's, Section 4 Steroid Precursors (a) Amends the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) to exclude a product that bears or contains an anabolic steroid from the definition of a dietary supplement. More specifically: (a) FEDERAL FOOD, DRUG, AND COSMETIC ACT- Section 201(ff)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(1)) is amended by striking `(other than tobacco)' and inserting `(other than tobacco or a product that bears or contains an anabolic steroid (including a substance that is chemically and pharmacologically related to testosterone but not including an estrogen, progestin, or corticosteroid))'.
Part (b) of Section 4 is the ammendment catch all for PH's under the Controlled Substances Act (21 U.S.C. 802). It states: DEFINITION OF ANABOLIC STEROID- Section 102(41)(A) of the Controlled Substances Act (21 U.S.C. 802(41)(A)) is amended--by striking `that promotes muscle growth, and includes--' and inserting `that promotes muscle growth or is advertised or used to promote muscle growth.
It gets better yet......Section 5 Agency Expertise and Authority, eliminates a provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.342) requiring the United States to bear the burden of proof to show a supplement or an ingredient in a supplement is adulterated due to a safety violation. It states: Section 402(f)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(f)(1)) is amended by striking the matter following subparagraph (D). What follows subparagraph (D) states: In any proceeding under this subparagraph, the United States shall bear the burden of proof on each element to show that a dietary supplement is adulterated. The court shall decide any issue under this paragraph on a de novo basis. S722 will earase this and the FDA's burden of proof requirement. You can draw your own conclusions about the FDA operating without a burden of proof requirement for supplement manufacturers.
If your up for another field trip you can visit the following site and read the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), (21 U.S.C. 342) and Controlled Substances Act (21 U.S.C. 802) for yourself and note the changes proposed by S722: http://www4.law.cornell.edu/uscode/. Select "Search", then enter the Title and Section. For example Title 21 Section 321 is the Federal Food, Drug, and Cosmetic Act, and Title 21 Section 802 is the Controlled Substances Act.
If you read the Controlled Substances Act you'll note that the PH catch all will be specific to substances chemically and pharmacologically related to testosterone. Currently Section (41)(A) states: The term ''anabolic steroid'' means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes -. Under S722 that will change to state: The term ''anabolic steroid'' means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth or is advertised or used to promote muscle growth, and includes -.
Don't get caught up in the rumors, industry hype and scare tactics. Find out for yourself what S722 means and how it will impact you, good luck.

jrackam · 08-01-2004, 10:34 AM

S722 FYI Part 2
The Senate read the bill and refered it to the Committee on Health, Education, Labor, and Pensions on 26 March 2003. On 1 April 2004 Introductory remarks were made on the measure by Sen. Richard Durbin. If you'd like to read these remarks follow the instructions in the original post to view the bill, then select Bill Summary & Status from the tool bar at the top of the bill. Then select All Bill Summary & Status Info. Under Status, select S3547-3548. Once there select S3545, and then scroll down about mid page to the header Dietary Supplements just before the S3546 page break. What follows is a transcript of the Introduction made by Sen. Durbin to the Senate. At the bottom right of the page select the arrow to continue reading. It ends just after the S3548 page break. You can read for yourself what what was said, and understand where you, the weight training consumer stand in the eyes of the Senate. I hope this helps, good luck

**Pirate!** · 08-01-2004, 01:13 PM

This is very informative. Thank you. I believe the bill was written poorly. It is too subjective and leaves much to the whims of the FDA. The FDA already overseas so much and isn't prepared to add this to their list of chores. They will receive a ton of opposition if they just eliminate a large industry overnight. It will be a long battle.

jrackam · 08-01-2004, 02:05 PM

It keeps getting better...........
Using the instructions above for viewing bills. Check out bill S2195 Anabolic Steroid Control Act of 2004. It amends the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include tetrahydrogestrinone (THG), androstenedione, and specified related chemicals. If you look at the bill the list of included substances is long and distinguished. This bill also directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties. And it shall award grants to public and nonprofit private entities to enable such entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids. There is a related bill S1780, which seems almost a mirror image to S2195.
Of even greater intrest is bill HR3866 Anabolic Steroid Control Act of 2004. It amends the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include certain steroid precursors (including tetrahydrogestrinone (THG) and androstenedione) and to exclude dehydroepiandrosterone. Again, the list of included substances is long and distinguished. It also amends the Controlled Substances Act to subject an offense of manufacturing, distributing, or possessing with intent to distribute an anabolic steroid within 1,000 feet of a sports facility to twice the maximum penalty otherwise imposed for a controlled substance violation. This will include PH's once S722 is passed. This bill also directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties. And saving the best for last, the ultimate catch all for the entire supplement industry.................Not later than 2 years after the date of the enactment of this Act (HR3866), the Secretary of Health and Human Services, in consultation with the Attorney General, shall prepare and submit a report to the Judiciary Committee of the House and Senate, and to the Committee on Energy and Commerce of the House, evaluating the health risks associated with dietary supplements not scheduled under the amendments made by this Act which contain substances similar to those added to the list of controlled substances under those amendments. The report shall include recommendations on whether such substances should be regulated as anabolic steroids. This will allow an unprecedented regulation of the supplement industry. I hope this helps, good luck.

jrackam · 08-01-2004, 02:25 PM

And better, and better............
Using the instructions above for viewing bills check out HR207 an amendment to the Controlled Substances Act. Once again, it's another catch all vehicle for washington to scoop up PH's under the title Anabolic Steroid. It amends the Controlled Substances Act to modify the definition of "immediate precursor" to include a substance which the Attorney General has designated as the immediate chemical precursor of an anabolic steroid that has been scheduled as a controlled substance which either is a metabolite of a scheduled anabolic steroid or is transformed in the body directly into a scheduled anabolic steroid or the metabolite of a scheduled anabolic steroid. It authorizes the Attorney General to place the immediate precursor of a scheduled anabolic steroid in the same schedule as that anabolic steroid or in any other schedule with a higher numerical designation (without regard to specified requirements, including the requirement that a substance promote muscle growth). It states that once such an immediate precursor is placed in a schedule, it becomes a controlled substance and the Attorney General may schedule an immediate precursor of that substance. And it authorizes the Director of the Office of National Drug Control Policy to undertake education programs at the grade and high school levels to highlight the harmful effects of steroids and steroid precursor use by youths. It requires the Director to use funds made available for such programs for existing State and local anti-drug programs, primarily for education programs that directly communicate with teachers, principals, coaches, and children at the school level on the harmful effects of steroids and steroid precursors. If S722 doesn't get PH's this one will. Good luck.