123STA T . 1 8 1 9PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 thano n e o rm ore c ommerc i a l l y mar k ete d to b acco p rod u ct s, or pre - sents a reduced e x posure to, or does not contain or is f ree of, a substance or substances .‘ ‘ SEC.912 . JUDI CI ALR E V IE W . ‘ ‘ ( a )RIGHTTO R EV IE W . — ‘‘( 1 ) IN GENE RAL .— N ot later than 30 days after— ‘‘( A ) the promul g ation of a regulation under section 9 0 7 establishing, amending, or re v oking a tobacco product standard
or ‘‘( B ) a denial of an application under section 910(c), any person adversely affected by such regulation or denial may file a petition for j udicial revie w of such regulation or denial with the U nited S tates C ourt of Appeals for the D istrict of Columbia or for the circuit in which such person resides or has their principal place of business. ‘‘( 2 )RE QU IRE M ENT S .— ‘‘(A) CO PY O F PETITION.—A copy of the petition filed under paragraph (1) shall be transmitted by the clerk of the court involved to the Secretary. ‘‘(B) RE C OR D OF PROCEEDINGS.— O n receipt of a petition under subparagraph (A), the Secretary shall file in the court in which such petition was filed— ‘‘(i) the record of the proceedings on which the regulation or order was based; and ‘‘(ii) a statement of the reasons for the issuance of such a regulation or order. ‘‘(C) DEFINITION OF RECORD.—In this section, the term ‘record ’ means— ‘‘(i) all notices and other matter published in the F ederal Register with respect to the regulation or order reviewed; ‘‘(ii) all information submitted to the Secretary with respect to such regulation or order; ‘‘(iii) proceedings of any panel or advisory com- mittee with respect to such regulation or order; ‘‘(iv) any hearing held with respect to such regula- tion or order; and ‘‘(v) any other information identified by the Sec- retary, in the administrative proceeding held with respect to such regulation or order, as being relevant to such regulation or order. ‘‘(b) STANDARD OF REVIEW.—Upon the filing of the petition under subsection (a) for judicial review of a regulation or order, the court shall have jurisdiction to review the regulation or order in accordance with chapter 7 of title 5 , United States Code, and to grant appropriate relief, including interim relief, as provided for in such chapter. A regulation or denial described in subsection (a) shall be reviewed in accordance with section 70 6 (2)(A) of title 5, United States Code. ‘‘(c) FINALITY OF J UDGMENT.—The judgment of the court affirming or setting aside, in whole or in part, any regulation or order shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 125 4 of title 2 8 , United States Code. Sta t em e n t .D ea dli ne. 21U S C387l .
