Establish new prohibited acts relating to dietary supplements.

Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:

(jjj) The introduction or delivery for introduction into interstate commerce of any product marketed as a dietary supplement that does not meet the definition of a dietary supplement under section 201(ff).

(kkk) The introduction or delivery for introduction into interstate commerce of a dietary supplement that has been prepared, packed, or held using the assistance of, or at the direction of, a person debarred under section 306.

Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended in paragraph (3) of the third sentence, by striking section 301(ll) and inserting paragraph (ll), (jjj), or (kkk) of section 301.

Section 304 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 334) is amended—

(1) in subsection (a)(1), in the first sentence, by striking section 301(ll) and inserting paragraph (ll), (jjj), or (kkk) of section 301; and

(2) in subsection (d)(1), in the first sentence, by striking or cosmetic and inserting cosmetic, or product in violation of paragraph (jjj) or (kkk) of section 301.