H.R.7120 - Science Free Speech Act110th Congress (2007-2008)
Summary: H.R.7120 — 110th Congress (2007-2008)
Introduced in House (09/26/2008)
Science Free Speech Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide that a food or dietary supplement is not a drug solely because a claim is made regarding legitimate scientific research in accordance with this Act.
States that a food is not misbranded if its label makes a claim regarding legitimate scientific research in accordance with this Act.
Declares that the use of truthful and not misleading information on legitimate scientific research in connection with the sale or distribution of a food or dietary supplement to consumers shall not be treated as a violation under the FFDCA and shall not be deemed evidence of an intent to sell a drug.
Prohibits the Secretary of Health and Human Services from: (1) restricting in any way the distribution of truthful and not misleading information on legitimate scientific research; or (2) prohibiting manufacturers or distributors of foods or dietary supplements from including citations to legitimate scientific research in the labeling of a food or dietary supplement, even if the citation expressly or implicitly references a disease or a disease condition.
Places the burden of proof on the Secretary in any administrative or judicial proceeding in which the Secretary contests the use of material being disseminated or cited as legitimate scientific research.
Prohibits the Secretary from prohibiting or restricting a retailer or wholesaler of any agricultural product, including fresh produce, in any way from: (1) testing any of its agricultural products for any pathogens that may potentially be transmitted to humans or potentially cause illness or disease in humans; or (2) communicating the results of such tests to the public.