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..