HR 1108 RFS 
in order to protect individuals who have 
not attained the minimum age established 
by applicable law for the purchase of such 
products. 
‘‘(B) RELATION TO OTHER AUTHORITY.— 
Nothing in this paragraph limits the authority 
of the Secretary to take additional actions 
under the other paragraphs of this subsection. 
‘‘(e) GOOD MANUFACTURING PRACTICE REQUIRE-
MENTS.— 
‘‘(1) METHODS, FACILITIES, AND CONTROLS TO 
CONFORM.— 
‘‘(A) IN GENERAL.—In applying manufac-
turing restrictions to tobacco, the Secretary 
shall, in accordance with subparagraph (B), 
prescribe regulations (which may differ based 
on the type of tobacco product involved) requir-
ing that the methods used in, and the facilities 
and controls used for, the manufacture, 
preproduction design validation (including a 
process to assess the performance of a tobacco 
product), packing, and storage of a tobacco 
product conform to current good manufacturing 
practice, or hazard analysis and critical control 
point methodology, as prescribed in such regu-
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lations to assure that the public health is pro-
tected and that the tobacco product is in com-
pliance with this chapter. Such regulations may 
provide for the testing of raw tobacco for pes-
ticide chemical residues regardless of whether a 
tolerance for such chemical residues has been 
established. 
‘‘(B) 
REQUIREMENTS.—The 
Secretary 
shall— 
‘‘(i) before promulgating any regula-
tion under subparagraph (A), afford the 
Tobacco Products Scientific Advisory Com-
mittee an opportunity to submit rec-
ommendations with respect to the regula-
tion proposed to be promulgated; 
‘‘(ii) before promulgating any regula-
tion under subparagraph (A), afford oppor-
tunity for an oral hearing; 
‘‘(iii) provide the Tobacco Products 
Scientific Advisory Committee a reasonable 
time to make its recommendation with re-
spect to proposed regulations under sub-
paragraph (A); 
‘‘(iv) in establishing the effective date 
of a regulation promulgated under this 
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subsection, take into account the dif-
ferences in the manner in which the dif-
ferent types of tobacco products have his-
torically been produced, the financial re-
sources of the different tobacco product 
manufacturers, and the state of their exist-
ing manufacturing facilities, and shall pro-
vide for a reasonable period of time for 
such manufacturers to conform to good 
manufacturing practices; and 
‘‘(v) not require any small tobacco 
product manufacturer to comply with a 
regulation under subparagraph (A) for at 
least 4 years following the effective date 
established by the Secretary for such regu-
lation. 
‘‘(2) EXEMPTIONS; VARIANCES.— 
‘‘(A) PETITION.—Any person subject to 
any requirement prescribed under paragraph 
(1) may petition the Secretary for a permanent 
or temporary exemption or variance from such 
requirement. Such a petition shall be submitted 
to the Secretary in such form and manner as 
the Secretary shall prescribe and shall— 
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‘‘(i) in the case of a petition for an ex-
emption from a requirement, set forth the 
basis for the petitioner’s determination 
that compliance with the requirement is 
not required to assure that the tobacco 
product will be in compliance with this 
chapter; 
‘‘(ii) in the case of a petition for a 
variance from a requirement, set forth the 
methods proposed to be used in, and the 
facilities and controls proposed to be used 
for, the manufacture, packing, and storage 
of the tobacco product in lieu of the meth-
ods, facilities, and controls prescribed by 
the requirement; and 
‘‘(iii) contain such other information 
as the Secretary shall prescribe. 
‘‘(B) REFERRAL TO THE TOBACCO PROD-
UCTS SCIENTIFIC ADVISORY COMMITTEE.—The 
Secretary may refer to the Tobacco Products 
Scientific Advisory Committee any petition sub-
mitted under subparagraph (A). The Tobacco 
Products Scientific Advisory Committee shall 
report its recommendations to the Secretary 
with respect to a petition referred to it within 
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60 days after the date of the petition’s referral. 
Within 60 days after— 
‘‘(i) the date the petition was sub-
mitted to the Secretary under subpara-
graph (A); or 
‘‘(ii) the day after the petition was re-
ferred to the Tobacco Products Scientific 
Advisory Committee, 
whichever occurs later, the Secretary shall by 
order either deny the petition or approve it. 
‘‘(C) APPROVAL.—The Secretary may ap-
prove— 
‘‘(i) a petition for an exemption for a 
tobacco product from a requirement if the 
Secretary determines that compliance with 
such requirement is not required to assure 
that the tobacco product will be in compli-
ance with this chapter; and 
‘‘(ii) a petition for a variance for a to-
bacco product from a requirement if the 
Secretary determines that the methods to 
be used in, and the facilities and controls 
to be used for, the manufacture, packing, 
and storage of the tobacco product in lieu 
of the methods, facilities, and controls pre-
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scribed by the requirement are sufficient to 
assure that the tobacco product will be in 
compliance with this chapter. 
‘‘(D) CONDITIONS.—An order of the Sec-
retary approving a petition for a variance shall 
prescribe such conditions respecting the meth-
ods used in, and the facilities and controls used 
for, the manufacture, packing, and storage of 
the tobacco product to be granted the variance 
under the petition as may be necessary to as-
sure that the tobacco product will be in compli-
ance with this chapter. 
‘‘(E) HEARING.—After the issuance of an 
order under subparagraph (B) respecting a pe-
tition, the petitioner shall have an opportunity 
for an informal hearing on such order. 
‘‘(3) COMPLIANCE.—Compliance with require-
ments under this subsection shall not be required be-
fore the end of the 3-year period following the date 
of enactment of the Family Smoking Prevention and 
Tobacco Control Act. 
‘‘(f) RESEARCH AND DEVELOPMENT.—The Secretary 
may enter into contracts for research, testing, and dem-
onstrations respecting tobacco products and may obtain 
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tobacco products for research, testing, and demonstration 
purposes. 
‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. 
‘‘(a) IN GENERAL.— 
‘‘(1) SPECIAL RULES.— 
‘‘(A) SPECIAL RULE FOR CIGARETTES.— 
Beginning 3 months after the date of enact-
ment of the Family Smoking Prevention and 
Tobacco Control Act, a cigarette or any of its 
component parts (including the tobacco, filter, 
or paper) shall not contain, as a constituent (in-
cluding a smoke constituent) or additive, an ar-
tificial or natural flavor (other than tobacco or 
menthol) or an herb or spice, including straw-
berry, grape, orange, clove, cinnamon, pine-
apple, vanilla, coconut, licorice, cocoa, chocolate, 
cherry, or coffee, that is a characterizing flavor 
of the tobacco product or tobacco smoke. Noth-
ing in this subparagraph shall be construed to 
limit the Secretary’s authority to take action 
under this section or other sections of this Act 
applicable to menthol or any artificial or nat-
ural flavor, herb, or spice not specified in this 
subparagraph. 
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‘‘(B) ADDITIONAL SPECIAL RULE.—A to-
bacco product manufactured in or imported into 
the United States shall not contain foreign- 
grown tobacco that— 
‘‘(i) was grown or processed using a 
pesticide chemical that is not approved 
under applicable Federal law for use in do-
mestic tobacco farming and processing; or 
‘‘(ii) in the case of a pesticide chem-
ical that is so approved, was grown or 
processed using the pesticide chemical in a 
manner inconsistent with the approved la-
beling for use of the pesticide chemical in 
domestic tobacco farming and processing. 
‘‘(2) REVISION OF TOBACCO PRODUCT STAND-
ARDS.—The Secretary may revise the tobacco prod-
uct standards in paragraph (1) in accordance with 
subsection (c). 
‘‘(3) TOBACCO PRODUCT STANDARDS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
adopt tobacco product standards in addition to 
those in paragraph (1) if the Secretary finds 
that a tobacco product standard is appropriate 
for the protection of the public health. 
‘‘(B) DETERMINATIONS.— 
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‘‘(i) CONSIDERATIONS.—In making a 
finding described in subparagraph (A), the 
Secretary shall consider scientific evidence 
concerning— 
‘‘(I) the risks and benefits to the 
population as a whole, including users 
and nonusers of tobacco products, of 
the proposed standard; 
‘‘(II) the increased or decreased 
likelihood that existing users of to-
bacco products will stop using such 
products; and 
‘‘(III) the increased or decreased 
likelihood that those who do not use 
tobacco products will start using such 
products. 
‘‘(ii) 
ADDITIONAL
CONSIDER-
ATIONS.—In the event that the Secretary 
makes a determination, set forth in a pro-
posed tobacco product standard in a pro-
posed rule, that it is appropriate for the 
protection of public health to require the 
reduction or elimination of an additive, 
constituent 
(including 
a 
smoke 
con-
stituent), or other component of a tobacco 
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product because the Secretary has found 
that the additive, constituent, or other 
component is or may be harmful, any 
party objecting to the proposed standard 
on the ground that the proposed standard 
will not reduce or eliminate the risk of ill-
ness or injury may provide for the Sec-
retary’s consideration scientific evidence 
that demonstrates that the proposed stand-
ard will not reduce or eliminate the risk of 
illness or injury. 
‘‘(4) CONTENT OF TOBACCO PRODUCT STAND-
ARDS.—A tobacco product standard established 
under this section for a tobacco product— 
‘‘(A) shall include provisions that are ap-
propriate for the protection of the public health, 
including provisions, where appropriate— 
‘‘(i) for nicotine yields of the product; 
‘‘(ii) for the reduction or elimination 
of other constituents, including smoke con-
stituents, or harmful components of the 
product; or 
‘‘(iii) relating to any other require-
ment under subparagraph (B); 
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‘‘(B) shall, where appropriate for the pro-
tection of the public health, include— 
‘‘(i) provisions respecting the con-
struction, components, ingredients, addi-
tives, constituents, including smoke con-
stituents, and properties of the tobacco 
product; 
‘‘(ii) provisions for the testing (on a 
sample basis or, if necessary, on an indi-
vidual basis) of the tobacco product; 
‘‘(iii) provisions for the measurement 
of the tobacco product characteristics of 
the tobacco product; 
‘‘(iv) provisions requiring that the re-
sults of each or of certain of the tests of 
the tobacco product required to be made 
under clause (ii) show that the tobacco 
product is in conformity with the portions 
of the standard for which the test or tests 
were required; and 
‘‘(v) a provision requiring that the 
sale and distribution of the tobacco prod-
uct be restricted but only to the extent 
that the sale and distribution of a tobacco 
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product may be restricted under a regula-
tion under section 906(d); 
‘‘(C) shall, where appropriate, require the 
use and prescribe the form and content of label-
ing for the proper use of the tobacco product; 
and 
‘‘(D) shall require tobacco products con-
taining foreign-grown tobacco to meet the same 
standards applicable to tobacco products con-
taining domestically grown tobacco. 
‘‘(5) PERIODIC
REEVALUATION
OF
TOBACCO 
PRODUCT STANDARDS.—The Secretary shall provide 
for periodic evaluation of tobacco product standards 
established under this section to determine whether 
such standards should be changed to reflect new 
medical, scientific, or other technological data. The 
Secretary may provide for testing under paragraph 
(4)(B) by any person. 
‘‘(6) INVOLVEMENT OF OTHER AGENCIES; IN-
FORMED
PERSONS.—In carrying out duties under 
this section, the Secretary shall endeavor to— 
‘‘(A) use personnel, facilities, and other 
technical support available in other Federal 
agencies; 
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