123STA T . 1 84 8 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9apl a nsubmit t ed b y t h et o ba c cop r oduct manu f acturer , importer, distributor, or retailer and appro v ed by the S ecretary .‘ ‘ (B)T he label statements specified in subsection (a)( 1 ) shall be rotated q uarterly in alternatin g sequence in advertisements for each brand of smo k eless tobacco product in accordance w ith a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer to, and approved by, the Secretary. ‘‘( C ) The Secretary shall review each plan submitted under subparagraphs ( A ) and (B) and approve it if the plan — ‘‘(i) will provide for the equal distribution and display on packaging and the rotation required in advertising under this subsection
and ‘‘(ii) assures that all of the labels required under this section will be displayed by the tobacco product manufac - turer, importer, distributor, or retailer at the same time. ‘‘( D ) This paragraph applies to a retailer only if that retailer is responsible for or directs the label statements under this section, unless the retailer displays, in a location open to the public, an advertisement that does not contain a warning label or has been altered by the retailer in a way that is material to the requirements of this subsection. ‘‘( 4 ) The Secretary may, through a rulemaking under sec- tion 5 5 3 of title 5, U nited States Code, ad j ust the format and type si z es for the label statements required by this section; the te x t, format, and type sizes of any required tar, nicotine yield, or other constituent disclosures; or the text, format, and type sizes for any other disclosures required under the F ederal Food, Drug, and Cosmetic Act. The text of any such label statements or disclosures shall be required to appear only within the 20 percent area of advertisements provided by para- graph (2). The Secretary shall promulgate regulations which provide for adjustments in the format and type sizes of any text required to appear in such area to ensure that the total text required to appear by law will fit within such area. ‘‘(c) T EL E VIS I ONA N DR ADIO ADVE RT ISIN G .— I t is unlawful to advertise smokeless tobacco on any medium of electronic commu- nications subject to the jurisdiction of the Federal Communications Commission. ’ ’. (b) EF FE C TIVE DATE.—The amendment made by subsection (a) shall take effect 12 months after the date of enactment of this Act. Such effective date shall be with respect to the date of manufac- ture, provided that, in any case, beginning 30 days after such effective date, a manufacturer shall not introduce into the domestic commerce of the United States any product, irrespective of the date of manufacture, that is not in conformance with section 3 of the Comprehensive Smokeless Tobacco H ealth Education Act of1 986 (15 U.S.C. 4402), as amended by subsection (a). SEC.205 . AUTHORI T Y TO RE V ISE S M O K E L ESS TO B ACCO P RO D UCT W AR N IN G LABEL STATEMENTS. (a) IN G ENERAL.—Section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402), as amended by section 204, is further amended by adding at the end the fol- lowing
‘‘(d) A U T H ORIT Y TO REVISE W ARNING L A B EL STATE M ENTS.— The Secretary may, by a rulemaking conducted under section 553 15USC4 4 02note.R e gula t i on s . Ap pli c a b ilit y .
