H. R. 1256—73 
a plan submitted by the tobacco product manufacturer, 
importer, distributor, or retailer and approved by the Secretary. 
‘‘(B) The label statements specified in subsection (a)(1) 
shall be rotated quarterly in alternating sequence in 
advertisements for each brand of smokeless tobacco product 
in accordance with 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 553 of title 5, United States Code, adjust the format 
and type sizes for the label statements required by this section; 
the text, 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 Federal 
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) TELEVISION AND RADIO ADVERTISING.—It is unlawful to 
advertise smokeless tobacco on any medium of electronic commu-
nications subject to the jurisdiction of the Federal Communications 
Commission.’’. 
(b) EFFECTIVE 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 Health Education Act 
of 1986 (15 U.S.C. 4402), as amended by subsection (a). 
SEC. 205. AUTHORITY TO REVISE SMOKELESS TOBACCO PRODUCT 
WARNING LABEL STATEMENTS. 
(a) IN GENERAL.—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) AUTHORITY TO REVISE WARNING LABEL STATEMENTS.— 
The Secretary may, by a rulemaking conducted under section 553
H. R. 1256—74 
of title 5, United States Code, adjust the format, type size, and 
text of any of the label requirements, require color graphics to 
accompany the text, increase the required label area from 30 percent 
up to 50 percent of the front and rear panels of the package, 
or establish the format, type size, and text of any other disclosures 
required under the Federal Food, Drug, and Cosmetic Act, if the 
Secretary finds that such a change would promote greater public 
understanding of the risks associated with the use of smokeless 
tobacco products.’’. 
(b) PREEMPTION.—Section 7(a) of the Comprehensive Smokeless 
Tobacco Health Education Act of 1986 (15 U.S.C. 4406(a)) is 
amended by striking ‘‘No’’ and inserting ‘‘Except as provided in 
the Family Smoking Prevention and Tobacco Control Act (and the 
amendments made by that Act), no’’. 
SEC. 206. TAR, NICOTINE, AND OTHER SMOKE CONSTITUENT DISCLO-
SURE TO THE PUBLIC. 
Section 4 of the Federal Cigarette Labeling and Advertising 
Act (15 U.S.C. 1333), as amended by sections 201 and 202, is 
further amended by adding at the end the following: 
‘‘(e) TAR, NICOTINE, AND OTHER SMOKE CONSTITUENT DISCLO-
SURE.— 
‘‘(1) IN GENERAL.—The Secretary shall, by a rulemaking 
conducted under section 553 of title 5, United States Code, 
determine (in the Secretary’s sole discretion) whether cigarette 
and other tobacco product manufacturers shall be required 
to include in the area of each cigarette advertisement specified 
by subsection (b) of this section, or on the package label, or 
both, the tar and nicotine yields of the advertised or packaged 
brand. Any such disclosure shall be in accordance with the 
methodology established under such regulations, shall conform 
to the type size requirements of subsection (b) of this section, 
and shall appear within the area specified in subsection (b) 
of this section. 
‘‘(2) 
RESOLUTION
OF
DIFFERENCES.—Any 
differences 
between the requirements established by the Secretary under 
paragraph (1) and tar and nicotine yield reporting requirements 
established by the Federal Trade Commission shall be resolved 
by a memorandum of understanding between the Secretary 
and the Federal Trade Commission. 
‘‘(3) CIGARETTE AND OTHER TOBACCO PRODUCT CONSTITU-
ENTS.—In addition to the disclosures required by paragraph 
(1), the Secretary may, under a rulemaking conducted under 
section 553 of title 5, United States Code, prescribe disclosure 
requirements regarding the level of any cigarette or other 
tobacco product constituent including any smoke constituent. 
Any such disclosure may be required if the Secretary deter-
mines that disclosure would be of benefit to the public health, 
or otherwise would increase consumer awareness of the health 
consequences of the use of tobacco products, except that no 
such prescribed disclosure shall be required on the face of 
any cigarette package or advertisement. Nothing in this section 
shall prohibit the Secretary from requiring such prescribed 
disclosure through a cigarette or other tobacco product package 
or advertisement insert, or by any other means under the 
Federal Food, Drug, and Cosmetic Act.
H. R. 1256—75 
‘‘(4) RETAILERS.—This subsection applies to a retailer only 
if that retailer is responsible for or directs the label statements 
required under this section.’’. 
TITLE III—PREVENTION OF ILLICIT 
TRADE IN TOBACCO PRODUCTS 
SEC. 301. LABELING, RECORDKEEPING, RECORDS INSPECTION. 
Chapter IX of the Federal Food, Drug, and Cosmetic Act, as 
added by section 101, is further amended by adding at the end 
the following: 
‘‘SEC. 920. LABELING, RECORDKEEPING, RECORDS INSPECTION. 
‘‘(a) ORIGIN LABELING.— 
‘‘(1) REQUIREMENT.—Beginning 1 year after the date of 
enactment of the Family Smoking Prevention and Tobacco Con-
trol Act, the label, packaging, and shipping containers of tobacco 
products other than cigarettes for introduction or delivery for 
introduction into interstate commerce in the United States 
shall bear the statement ‘sale only allowed in the United 
States’. Beginning 15 months after the issuance of the regula-
tions required by section 4(d) of the Federal Cigarette Labeling 
and Advertising Act (15 U.S.C. 1333), as amended by section 
201 of Family Smoking Prevention and Tobacco Control Act, 
the label, packaging, and shipping containers of cigarettes for 
introduction or delivery for introduction into interstate com-
merce in the United States shall bear the statement ‘Sale 
only allowed in the United States’. 
‘‘(2) EFFECTIVE DATE.—The effective date specified in para-
graph (1) shall be with respect to the date of manufacture, 
provided that, in any case, beginning 30 days after such effec-
tive 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 such 
paragraph. 
‘‘(b) REGULATIONS CONCERNING RECORDKEEPING FOR TRACKING 
AND TRACING.— 
‘‘(1) IN GENERAL.—The Secretary shall promulgate regula-
tions regarding the establishment and maintenance of records 
by any person who manufactures, processes, transports, distrib-
utes, receives, packages, holds, exports, or imports tobacco prod-
ucts. 
‘‘(2) 
INSPECTION.—In 
promulgating 
the 
regulations 
described in paragraph (1), the Secretary shall consider which 
records are needed for inspection to monitor the movement 
of tobacco products from the point of manufacture through 
distribution to retail outlets to assist in investigating potential 
illicit trade, smuggling, or counterfeiting of tobacco products. 
‘‘(3) CODES.—The Secretary may require codes on the labels 
of tobacco products or other designs or devices for the purpose 
of tracking or tracing the tobacco product through the distribu-
tion system. 
‘‘(4) SIZE
OF
BUSINESS.—The Secretary shall take into 
account the size of a business in promulgating regulations 
under this section.
H. R. 1256—76 
‘‘(5) RECORDKEEPING BY RETAILERS.—The Secretary shall 
not require any retailer to maintain records relating to indi-
vidual purchasers of tobacco products for personal consumption. 
‘‘(c) RECORDS INSPECTION.—If the Secretary has a reasonable 
belief that a tobacco product is part of an illicit trade or smuggling 
or is a counterfeit product, each person who manufactures, proc-
esses, transports, distributes, receives, holds, packages, exports, 
or imports tobacco products shall, at the request of an officer 
or employee duly designated by the Secretary, permit such officer 
or employee, at reasonable times and within reasonable limits and 
in a reasonable manner, upon the presentation of appropriate 
credentials and a written notice to such person, to have access 
to and copy all records (including financial records) relating to 
such article that are needed to assist the Secretary in investigating 
potential illicit trade, smuggling, or counterfeiting of tobacco prod-
ucts. The Secretary shall not authorize an officer or employee 
of the government of any of the several States to exercise authority 
under the preceding sentence on Indian country without the express 
written consent of the Indian tribe involved. 
‘‘(d) KNOWLEDGE OF ILLEGAL TRANSACTION.— 
‘‘(1) NOTIFICATION.—If the manufacturer or distributor of 
a tobacco product has knowledge which reasonably supports 
the conclusion that a tobacco product manufactured or distrib-
uted by such manufacturer or distributor that has left the 
control of such person may be or has been— 
‘‘(A) imported, exported, distributed, or offered for sale 
in interstate commerce by a person without paying duties 
or taxes required by law; or 
‘‘(B) imported, exported, distributed, or diverted for 
possible illicit marketing, 
the manufacturer or distributor shall promptly notify the 
Attorney General and the Secretary of the Treasury of such 
knowledge. 
‘‘(2) KNOWLEDGE DEFINED.—For purposes of this subsection, 
the term ‘knowledge’ as applied to a manufacturer or distributor 
means— 
‘‘(A) the actual knowledge that the manufacturer or 
distributor had; or 
‘‘(B) the knowledge which a reasonable person would 
have had under like circumstances or which would have 
been obtained upon the exercise of due care. 
‘‘(e) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with the Attorney General of the United States and 
the Secretary of the Treasury, as appropriate.’’. 
SEC. 302. STUDY AND REPORT. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study of cross-border trade in tobacco products to— 
(1) collect data on cross-border trade in tobacco products, 
including illicit trade and trade of counterfeit tobacco products 
and make recommendations on the monitoring of such trade; 
(2) collect data on cross-border advertising (any advertising 
intended to be broadcast, transmitted, or distributed from the 
United States to another country) of tobacco products and make 
recommendations on how to prevent or eliminate, and what 
technologies could help facilitate the elimination of, cross-border 
advertising; and