123STA T . 1 78 3 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9SEC.6 . MODIF IC AT IO N OF DEAD L INES FO R SECRETARIAL ACTION. (a)DELAY E DCOM ME NC EMEN T O F DATE S FO RS ECRETAR I AL A CTION .— ( 1 ) I N G ENERAL.— Except a s p rovid edi n s ub section (c) ,w it h respect to an y ti m e periods speci f ied in this division (or in an amendment made by this division) that be g in on the date of enactment of this Act, within which the Secretary of H ea l th and Human Services is re q uired to carry out and complete specified activities, the calculation of such time periods shall commence on the date described in subsection (b). ( 2 ) L IMITATION.—Subsection (a) shall only apply with respect to obligations of the Secretary of Health and Human Services that must be completed within a specified time period and shall not apply to the obligations of any other person or to any other provision of this division (including the amend - ments made by this division) that do not create such obligations of the Secretary and are not contingent on actions by the Secretary. (b) DATE DESCRI B ED.— T he date described in this subsection is the first day of the first fiscal quarter following the initial 2 consecutive fiscal quarters of fiscal year 2 0 10 for which the Secretary of Health and Human Services has collected fees under section 9 19 of the F ederal Food, Drug, and Cosmetic Act (as added by section 101). (c) E X CE P TION.—Subsection (a) shall not apply to any time period (or date) contained— (1) in section 102, except that the reference to ‘ ‘1 8 0 days ’ ’ in subsection (a)(1) of such section shall be deemed to be ‘‘2 7 0 days’’
and (2) in sections 201 through 20 4 (or the amendments made by any such sections). (d) AD JU STMENT.—The Secretary of Health and Human Services may extend or reduce the duration of one or more time periods to which subsection (a) applies if the Secretary determines appro- priate, except that no such period shall be extended for more than 90 days. TI T LE I —AU T HOR IT Y O F THE FOO D A N D DRU G AD M INI S TRATION SEC. 10 1. AMENDMENT OF FEDERAL FOOD , DR UG , AND COSMETIC ACT. (a) DEFINITION OF TOBACCO P RODUCTS.—Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U .S.C. 3 21) is amended by adding at the end the following
‘‘(rr)(1) The term ‘tobacco product’ means any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product (except for raw materials other than tobacco used in manufacturing a component, part, or accessory of a tobacco product). ‘‘(2) The term ‘tobacco product’ does not mean an article that is a drug under subsection (g)(1), a device under subsection (h), or a combination product described in section 5 03(g). ‘‘(3) The products described in paragraph (2) shall be sub j ect to chapter V of this Act. Ap p licab ili ty.
