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GAO-07-1057R 1 (2007-07-06)

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T I   M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-309689


          July 6, 2007

          The Honorable Edward M. Kennedy
          Chairman
          The Honorable Michael B. Enzi
          Ranking Minority Member
          Committee on Health, Education, Labor, and Pensions
          United States Senate

          The Honorable John D. Dingell
          Chairman
          The Honorable Joe Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Department of Health and Human Services, Food and DrugAdministration:
                  Current Good Manufacturing Practice in Manufacturing, Packaging,
                  Labeling, or Holding Operations for Dietaiy Supplements

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Health and Human Services, Food and
          Drug Administration (FDA), entitled Current Good Manufacturing Practice in
          Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements
          (RIN: 0910-AB88). We received the rule on June 22, 2007. It was published in the
          Federal Register as a final rule on June 25, 2007. 72 Fed. Reg. 34,752.

          The final rule establishes the minimum current good manufacturing practice (CGMP)
          necessary for activities related to manufacturing, packaging, labeling, or holding
          dietary supplements to ensure the quality of the dietary supplements. The final rule
          is effective on August 24, 2007, 60 days after it was published in the Federal Register
          The compliance date is June 25, 2008. However, for businesses employing fewer
          than 500, but 20 or more full-time equivalent employees, the compliance date is
          June 25, 2009, and for businesses that employ fewer than 20 full-time equivalent
          employees, the compliance date is June 25, 2010. FDA also issued an interim final
          rule, published in the Federal Register on June 25, 2007, that sets forth a procedure
          for requesting an exception to a CGMP requirement in the final rule. 72 Fed. Reg.
          34,959. This interim final rule is not a major rule under section 804(2) of title 5,
          United States Code.


GAO-07-1057R

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