"Dietary supplement" means any product, other than tobacco, that:

1. (1) is intended to supplement the diet;

2. (2) contains one (1) or more of the following dietary ingredients:

   1. (A) a vitamin;
   2. (B) a mineral;
   3. (C) an herb or other botanical;
   4. (D) an amino acid;
   5. (E) a dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or
   6. (F) a concentrate, a metabolite, a constituent, an extract, or a combination of any ingredient described in this subdivision;
3. (3) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or, if not intended for ingestion in such a form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and
4. (4) is required to be labeled as a dietary supplement, identifiable by the "Supplemental Facts" box found on the label and as required under 21 CFR 101.36.

As added by P.L.257-2003, SEC.7.