Requirement
Data submission
Time for submission
In general
At least 90 days prior to the delivery for introduction into interstate commerce of a tobacco product not on the market on , the manufacturer of such product shall provide the information required under subsection (a).
Disclosure of additive
If at any time a tobacco product manufacturer adds to its tobacco products a new tobacco additive or increases the quantity of an existing tobacco additive, the manufacturer shall, except as provided in paragraph (3), at least 90 days prior to such action so advise the Secretary in writing.
Disclosure of other actions
If at any time a tobacco product manufacturer eliminates or decreases an existing additive, or adds or increases an additive that has by regulation been designated by the Secretary as an additive that is not a human or animal carcinogen, or otherwise harmful to health under intended conditions of use, the manufacturer shall within 60 days of such action so advise the Secretary in writing.
Data list
In general
Not later than 3 years after , and annually thereafter, the Secretary shall publish in a format that is understandable and not misleading to a lay person, and place on public display (in a manner determined by the Secretary) the list established under subsection (e).
Consumer research
The Secretary shall conduct periodic consumer research to ensure that the list published under paragraph (1) is not misleading to lay persons. Not later than 5 years after , the Secretary shall submit to the appropriate committees of Congress a report on the results of such research, together with recommendations on whether such publication should be continued or modified.
Data collection
Not later than 24 months after , the Secretary shall establish, and periodically revise as appropriate, a list of harmful and potentially harmful constituents, including smoke constituents, to health in each tobacco product by brand and by quantity in each brand and subbrand. The Secretary shall publish a public notice requesting the submission by interested persons of scientific and other information concerning the harmful and potentially harmful constituents in tobacco products and tobacco smoke.
June 25, 1938, ch. 675, § 904Pub. L. 111–31, div. A, title I, § 101(b)(3)123 Stat. 1790(, as added , , .)
Editorial Notes
Prior Provisions
section 394 of this titleA prior section 904 of act , was renumbered section 1004 and is classified to .
Statutory Notes and Related Subsidiaries
Modification of Deadlines for Secretarial Action
Pub. L. 111–31section 387s of this titlesection 6 of Pub. L. 111–31section 387 of this titleWith respect to any time periods specified in an amendment by div. A of that begin on , within which the Secretary of Health and Human Services is required to carry out and complete specified activities, with certain limitations, the calculation of such time periods shall commence on the first day of the first fiscal quarter following the initial 2 consecutive fiscal quarters of fiscal year 2010 for which the Secretary has collected fees under , and the Secretary may extend or reduce the duration of one or more such time periods, except that no such period shall be extended for more than 90 days, see , set out as a note under .