123STA T . 1 795PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 ‘ ‘ (B)action ta ke n bysu c hp e r son to co m p l y w ith the re q uirements un d er section 907 that are applicable to the tobacco product . ‘‘( 2 ) AP P LICAT I ON TOC ER TAIN PO S T -F E B R U AR Y15,20 0 7 , PRO D - UCTS. — A report under this subsection f or a tobacco product that was first introduced or deli v ered for introduction into interstate commerce for commercial distribution in the U nited S tates after F ebruary 15 , 2007, and prior to the date that is 21 months after the date of enactment of the Family Smokin gP revention and T obacco C ontrol Act shall be submitted to the Secretary not later than 21 months after such date of enact- ment. ‘‘( 3 ) EX E M PTIONS.— ‘‘(A) I N G ENERAL.—The Secretary may e x empt from the requirements of this subsection relating to the dem- onstration that a tobacco product is substantially equiva- lent within the meaning of section 910, tobacco products that are modified by adding or deleting a tobacco additive, or increasing or decreasing the quantity of an existing tobacco additive, if the Secretary determines that— ‘‘(i) such modification would be a minor modifica- tion of a tobacco product that can be sold under this Act
‘‘(ii) a report under this subsection is not necessary to ensure that permitting the tobacco product to be marketed would be appropriate for protection of the public health; and ‘‘(iii) an exemption is otherwise appropriate. ‘‘(B) R EGULATIONS.— N ot later than 15 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, the Secretary shall issue regula- tions to implement this paragraph. ‘ ‘ SEC.906 . G E N E RALP R OVI SIONS RESPEC T ING CONTROL O F TO B ACCO PRO DU CTS. ‘‘(a) IN G ENERAL.—Any requirement established by or under section 902, 903, 905, or 909 applicable to a tobacco product shall apply to such tobacco product until the applicability of the require- ment to the tobacco product has been changed by action taken under section 907, section 910, section 911, or subsection (d) of this section, and any requirement established by or under section 902, 903, 905, or 909 which is inconsistent with a requirement imposed on such tobacco product under section 907, section 910, section 911, or subsection (d) of this section shall not apply to such tobacco product. ‘‘(b) INFORMATION ON PUBLIC ACCESS AND COMMENT.—Each notice of proposed rulemaking or other notification under section 907, 90 8 , 909, 910, or 911 or under this section, any other notice which is published in the Federal Register with respect to any other action taken under any such section and which states the reasons for such action, and each publication of findings required to be made in connection with rulemaking under any such section shall set forth— ‘‘(1) the manner in which interested persons may examine data and other information on which the notice or findings is based; and Notice.F e d e ralR e g i s ter ,pub licatio n . A pplicabilit y . 21USC387f . D eadline.
