123STA T . 1 796PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 ‘ ‘ (2)thep e riodw ithi n whi c h intere s ted persons may present their comments on the notice or f indin g s (inc lu ding the need therefore) orally or in writing , which period shall b e at least 60 days but may not e x ceed 9 0 days unless the time is extended by the S ecretary by a notice published in the F ederal R egister stating good cause therefore . ‘‘(c) LIM I TEDCONF IDENTI AL IT Y OF I NFO R MATION. —A ny informa - tion reported to or otherwise obtained by the Secretary or the Secretary ’ s representati v e under section 90 3 ,90 4 ,90 7 ,90 8 , 909, 9 1 0, 911, or 704, or under subsection (e) or (f) of this section, which is exempt from disclosure under subsection (a) of section 5 52 of title 5, U nited States Code, by reason of subsection (b)(4) of that section shall be considered confidential and shall not be disclosed, except that the information may be disclosed to other officers or employees concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. ‘‘(d) RE S TRI C TIONS.— ‘‘(1) IN G ENERAL.— T he Secretary may by regulation re q uire restrictions on the sale and distribution of a tobacco product, including restrictions on the access to, and the advertising and promotion of, the tobacco product, if the Secretary deter- mines that such regulation would be appropriate for the protec- tion of the public health. The Secretary may by regulation impose restrictions on the advertising and promotion of a tobacco product consistent with and to full extent permitted by the first amendment to the Constitution. The finding as to whether such regulation would be appropriate for the protec- tion of the public health shall be determined with respect to the ris k s and benefits to the population as a whole, including users and nonusers of the tobacco product, and taking into account— ‘‘(A) the increased or decreased likelihood that existing users of tobacco products will stop using such products
and ‘‘( B ) the increased or decreased likelihood that those who do not use tobacco products will start using such products. N o such regulation may require that the sale or distribution of a tobacco product be limited to the written or oral authori z a- tion of a practitioner licensed by law to prescribe medical products. ‘‘(2) LA B EL STATEMENTS.—The label of a tobacco product shall bear such appropriate statements of the restrictions required by a regulation under subsection (a) as the Secretary may in such regulation prescribe. ‘‘(3) LIMITATIONS.— ‘‘(A) IN GENERAL.—No restrictions under paragraph (1) may— ‘‘(i) prohibit the sale of any tobacco product in face-to-face transactions by a specific category of retail outlets; or ‘‘(ii) establish a minimum age of sale of tobacco products to any person older than 18 years of age. ‘‘(B) M ATC H BOO K S.—For purposes of any regulations issued by the Secretary, matchbooks of conventional size containing not more than 20 paper matches, and which are customarily given away for free with the purchase Timep e r i od.
