123STA T . 1 8 11 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (i i )hasrefu se dtop er m ita c cess to , or cop y i ng or v erification of, such records as re q uired b y section 704; or ‘‘(iii) has not comp l ied w ith the requirements of section 9 0 5
‘‘( D ) on the basis of new information before the S ec - retary with respect to such tobacco product, evaluated together with the evidence before the Secretary when the application was reviewed, that the methods used in, or the facilities and controls used for, the manufacture, proc- essing, pac k ing, or installation of such tobacco product do not conform with the requirements of section 90 6 (e) and were not brought into conformity with such require- ments within a reasonable time after receipt of written notice from the Secretary of nonconformity; ‘‘( E ) on the basis of new information before the Sec- retary, evaluated together with the evidence before the Secretary when the application was reviewed, that the labeling of such tobacco product, based on a fair evaluation of all material facts, is false or misleading in any particular and was not corrected within a reasonable time after receipt of written notice from the Secretary of such fact; or ‘‘( F ) on the basis of new information before the Sec- retary, evaluated together with the evidence before the Secretary when such order was issued, that such tobacco product is not shown to conform in all respects to a tobacco product standard which is in effect under section 907, compliance with which was a condition to the issuance of an order relating to the application, and that there is a lack of adequate information to j ustify the deviation from such standard . ‘‘( 2 ) AP P EAL . —T he holder of an application subject to an order issued under paragraph ( 1 ) withdrawing an order issued pursuant to subsection (c)(1)(A)(i) may, by petition filed on or before the 3 0th day after the date upon which such holder receives notice of such withdrawal, obtain review thereof in accordance with section 912. ‘‘(3) TE M P OR AR YSU SPE N S I ON.— I f, after providing an oppor- tunity for an informal hearing, the Secretary determines there is reasonable probability that the continuation of distribution of a tobacco product under an order would cause serious, adverse health consequences or death, that is greater than ordinarily caused by tobacco products on the market, the Sec- retary shall by order temporarily suspend the authority of the manufacturer to market the product. If the Secretary issues such an order, the Secretary shall proceed e x peditiously under paragraph (1) to withdraw such application. ‘‘(e) SER V I C EO FO R D ER.—An order issued by the Secretary under this section shall be served— ‘‘(1) in person by any officer or employee of the department designated by the Secretary; or ‘‘(2) by mailing the order by registered mail or certified mail addressed to the applicant at the applicant ’ s last known address in the records of the Secretary. ‘‘(f) R ECORDS.— ‘‘(1) ADDI T IONAL INFORMATION.—In the case of any tobacco product for which an order issued pursuant to subsection Reports.O r d er.
