[Federal Register Volume 62, Number 39 (Thursday, February 27, 1997)]
[Notices]
[Pages 8974-8975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4793]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket No. 97D-0041]


The Small Entity Compliance Guide On: Regulations to Restrict the 
Sale and Distribution of Cigarettes and Smokeless Tobacco in Order to 
Protect Children and Adolescents; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of a revised compliance guide entitled, ``The Small Entity 
Compliance Guide On: Regulations to Restrict the Sale and Distribution 
of Cigarettes and Smokeless Tobacco in Order to Protect Children and 
Adolescents (21 CFR Part 897).'' The revised compliance guide is 
intended to help small entities comply with the final rule restricting 
the sale and distribution of cigarettes and smokeless tobacco in order 
to protect children and adolescents. This action is being taken under 
the Small Business Regulatory Enforcement Fairness Act.

DATES: Comments may be submitted at any time.

ADDRESSES: The revised compliance guide entitled ``The Small Entity 
Compliance Guide On: Regulations to Restrict the Sale and Distribution 
of Cigarettes and Smokeless Tobacco in Order to Protect Children and 
Adolescents (21 CFR Part 897)'' is available on the Internet at
``http://www.fda.gov/'', or a paper copy may be ordered free of charge 
by calling 1-800-FDA-4KIDS. Submit written comments on the revised 
compliance guide to the Dockets Management Branch (HFA-305), Food and 
Drug Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857. 
Two copies of any comments are to be submitted, except that individuals 
may submit one copy. Comments should be identified with the docket 
number found in brackets in the heading of this document. The revised 
compliance guide and received comments are available for public 
examination in the

[[Page 8975]]

Dockets Management Branch between 9 a.m. and 4 p.m., Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT: Anne M. Kirchner, Office of Policy 
(HF-23), Food and Drug Administration, 5600 Fishers Lane, rm. 14-72, 
Rockville, MD 20857, 301-827-0867.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 28, 1996 
(61 FR 44396), FDA issued a final rule to restrict the sale and 
distribution of cigarettes and smokeless tobacco in order to protect 
children and adolescents. The final rule covers three general classes 
of nicotine-containing products: Cigarettes, cigarette tobacco, and 
smokeless tobacco. The final rule applies to manufacturers, 
distributors, and retailers who make, distribute, or sell such 
products.
    Beginning on February 28, 1997, Federal regulation will prohibit 
retailers from selling cigarettes, cigarette tobacco, or smokeless 
tobacco to persons under the age of 18, and will require retailers to 
verify the age of all customers under the age of 27 by checking a 
photographic identification for date of birth. Under the current 
schedule, starting August 28, 1997, the remaining provisions of the 
rule will be effective, except for the sponsorship provision, which 
will be effective on August 28, 1998.
    Under the Small Business Regulatory Enforcement Act (Pub. 104-121), 
FDA is announcing the availability of the revised compliance guide 
which is intended to help small businesses comply with the requirements 
of the new rule. An earlier version of the compliance guide was 
previously available on the Internet and in paper form. The agency 
believes that the rulemaking process provided ample opportunity to 
comment on issues concerning all the underlying regulatory provisions 
of the rule. However, FDA is soliciting comments on the guide itself 
and may amend the guide periodically as a result of comments received. 
The agency is making available at this time a revised compliance guide 
which covers all of the access restrictions even though it is the 
photographic identification for date of birth requirement that becomes 
effective first. Therefore, in submitting comments, persons should 
consider the implementation dates of the provisions described in the 
guide.

    Dated: February 20, 1997.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 97-4793 Filed 2-26-97; 8:45 am]
BILLING CODE 4160-01-F