123STA T . 1 79 9 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 tha t compli a n c ew ith su ch r e q uirement is not require d to assure that the to b acco product will be in compliance with this chapter
and ‘ ‘ ( ii ) a petition f ora v ariance for a tobacco product from a requirement if the S ecretar y determines that the methods to be used in , and the facilities and con - trols to be used for, the manufacture, pac k in g , and storage of the tobacco product in lieu of the methods, facilities, and controls prescribed by the requirement are sufficient to assure that the tobacco product will be in compliance with this chapter . ‘‘( D ) CONDIT ION S . —A n order of the Secretary approving a petition for a variance shall prescribe such conditions respecting the methods used in, and the facilities and con- trols used for, the manufacture, packing, and storage of the tobacco product to be granted the variance under the petition as may be necessary to assure that the tobacco product will be in compliance with this chapter. ‘‘( E ) HEAR IN G .—After the issuance of an order under subparagraph ( B ) respecting a petition, the petitioner shall have an opportunity for an informal hearing on such order. ‘‘( 3 )CO MPL IAN C E.—Compliance with requirements under this subsection shall not be required before the end of the 3-year period following the date of enactment of the F amily Smoking P revention and T obacco Control Act. ‘‘(f) R ESEARC H AND DE V ELOPMENT.—The Secretary may enter into contracts for research, testing, and demonstrations respecting tobacco products and may obtain tobacco products for research, testing, and demonstration purposes. ‘ ‘ SEC.907 . TOBA CCO PR O DU CT STA N DARDS. ‘‘(a) I N G ENERAL.— ‘‘( 1 ) SPECIAL R U LES.— ‘‘(A) SPECIAL RULE F OR CIGARETTES.—Beginning 3 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pine- apple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characteri z ing flavor of the tobacco product or tobacco smoke. N othing in this subparagraph shall be construed to limit the Secretary ’ s authority to take action under this section or other sections of this Act applicable to menthol or any artificial or natural flavor, herb, or spice not specified in this subparagraph. ‘‘(B) ADDITIONAL SPECIAL RULE.—Beginning 2 years after the date of enactment of the Family Smoking Preven- tion and Tobacco Control Act, a tobacco product manufac- turer shall not use tobacco, including foreign grown tobacco, that contains a pesticide chemical residue that is at a level greater than is specified by any tolerance applicable under Federal law to domestically grown tobacco. Ef f ectiv e da te s.21USC387g .
