‘‘(C) an accurate statement of the percent-
age of the tobacco used in the product that is 
domestically grown tobacco and the percentage 
that is foreign grown tobacco; and 
‘‘(D) the statement required under section 
920(a), 
except that under subparagraph (B) reasonable vari-
ations shall be permitted, and exemptions as to 
small packages shall be established, by regulations 
prescribed by the Secretary; 
‘‘(3) if any word, statement, or other informa-
tion required by or under authority of this chapter 
to appear on the label or labeling is not prominently 
placed thereon with such conspicuousness (as com-
pared with other words, statements, or designs in 
the labeling) and in such terms as to render it likely 
to be read and understood by the ordinary individual 
under customary conditions of purchase and use; 
‘‘(4) if it has an established name, unless its 
label bears, to the exclusion of any other nonpropri-
etary name, its established name prominently print-
ed in type as required by the Secretary by regula-
tion; 
‘‘(5) if the Secretary has issued regulations re-
quiring that its labeling bear adequate directions for 
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use, or adequate warnings against use by children, 
that are necessary for the protection of users unless 
its labeling conforms in all respects to such regula-
tions; 
‘‘(6) if it was manufactured, prepared, propa-
gated, compounded, or processed in an establishment 
not duly registered under section 905(b), 905(c), 
905(d), or 905(h), if it was not included in a list re-
quired by section 905(i), if a notice or other infor-
mation respecting it was not provided as required by 
such section or section 905(j), or if it does not bear 
such symbols from the uniform system for identifica-
tion of tobacco products prescribed under section 
905(e) as the Secretary by regulation requires; 
‘‘(7) if, in the case of any tobacco product dis-
tributed or offered for sale in any State— 
‘‘(A) its advertising is false or misleading 
in any particular; or 
‘‘(B) it is sold or distributed in violation of 
regulations prescribed under section 906(d); 
‘‘(8) unless, in the case of any tobacco product 
distributed or offered for sale in any State, the man-
ufacturer, packer, or distributor thereof includes in 
all advertisements and other descriptive printed mat-
ter issued or caused to be issued by the manufac-
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turer, packer, or distributor with respect to that to-
bacco product— 
‘‘(A) a true statement of the tobacco prod-
uct’s established name as described in para-
graph (4), printed prominently; and 
‘‘(B) a brief statement of— 
‘‘(i) the uses of the tobacco product 
and relevant warnings, precautions, side 
effects, and contraindications; and 
‘‘(ii) in the case of specific tobacco 
products made subject to a finding by the 
Secretary after notice and opportunity for 
comment that such action is appropriate to 
protect the public health, a full description 
of the components of such tobacco product 
or the formula showing quantitatively each 
ingredient of such tobacco product to the 
extent required in regulations which shall 
be issued by the Secretary after an oppor-
tunity for a hearing; 
‘‘(9) if it is a tobacco product subject to a to-
bacco product standard established under section 
907, unless it bears such labeling as may be pre-
scribed in such tobacco product standard; or 
‘‘(10) if there was a failure or refusal— 
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‘‘(A) to comply with any requirement pre-
scribed under section 904 or 908; or 
‘‘(B) to furnish any material or informa-
tion required under section 909. 
‘‘(b) PRIOR APPROVAL OF LABEL STATEMENTS.— 
The Secretary may, by regulation, require prior approval 
of statements made on the label of a tobacco product. No 
regulation issued under this subsection may require prior 
approval by the Secretary of the content of any advertise-
ment, except for modified risk tobacco products as pro-
vided in section 911. No advertisement of a tobacco prod-
uct published after the date of enactment of the Family 
Smoking Prevention and Tobacco Control Act shall, with 
respect to the language of label statements as prescribed 
under section 4 of the Federal Cigarette Labeling and Ad-
vertising Act and section 3 of the Comprehensive Smoke-
less Tobacco Health Education Act of 1986 or the regula-
tions issued under such sections, be subject to the provi-
sions of sections 12 through 15 of the Federal Trade Com-
mission Act. 
‘‘SEC. 904. SUBMISSION OF HEALTH INFORMATION TO THE 
SECRETARY. 
‘‘(a) REQUIREMENT.—Each tobacco product manu-
facturer or importer, or agents thereof, shall submit to 
the Secretary the following information: 
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‘‘(1) Not later than 6 months after the date of 
enactment of the Family Smoking Prevention and 
Tobacco Control Act, a listing of all ingredients, in-
cluding tobacco, substances, compounds, and addi-
tives that are, as of such date, added by the manu-
facturer to the tobacco, paper, filter, or other part 
of each tobacco product by brand and by quantity in 
each brand and subbrand. 
‘‘(2) A description of the content, delivery, and 
form of nicotine in each tobacco product measured 
in milligrams of nicotine in accordance with regula-
tions promulgated by the Secretary in accordance 
with section 4(e) of the Federal Cigarette Labeling 
and Advertising Act. 
‘‘(3) Beginning 3 years after the date of enact-
ment of the Family Smoking Prevention and To-
bacco Control Act, a listing of all constituents, in-
cluding smoke constituents as applicable, identified 
by the Secretary as harmful or potentially harmful 
to health in each tobacco product, and as applicable 
in the smoke of each tobacco product, by brand and 
by quantity in each brand and subbrand. Effective 
beginning 3 years after such date of enactment, the 
manufacturer, importer, or agent shall comply with 
regulations promulgated under section 915 in re-
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porting information under this paragraph, where ap-
plicable. 
‘‘(4) Beginning 6 months after the date of en-
actment of the Family Smoking Prevention and To-
bacco Control Act, all documents developed after 
such date of enactment that relate to health, toxi-
cological, behavioral, or physiologic effects of current 
or future tobacco products, their constituents (in-
cluding smoke constituents), ingredients, compo-
nents, and additives. 
‘‘(b) DATA SUBMISSION.—At the request of the Sec-
retary, each tobacco product manufacturer or importer of 
tobacco products, or agents thereof, shall submit the fol-
lowing: 
‘‘(1) Any or all documents (including under-
lying scientific information) relating to research ac-
tivities, and research findings, conducted, supported, 
or possessed by the manufacturer (or agents thereof) 
on the health, toxicological, behavioral, or physio-
logic effects of tobacco products and their constitu-
ents (including smoke constituents), ingredients, 
components, and additives. 
‘‘(2) Any or all documents (including under-
lying scientific information) relating to research ac-
tivities, and research findings, conducted, supported, 
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or possessed by the manufacturer (or agents thereof) 
that relate to the issue of whether a reduction in 
risk to health from tobacco products can occur upon 
the employment of technology available or known to 
the manufacturer. 
‘‘(3) Any or all documents (including under-
lying scientific or financial information) relating to 
marketing research involving the use of tobacco 
products or marketing practices and the effective-
ness of such practices used by tobacco manufactur-
ers and distributors. 
An importer of a tobacco product not manufactured in the 
United States shall supply the information required of a 
tobacco product manufacturer under this subsection. 
‘‘(c) TIME FOR SUBMISSION.— 
‘‘(1) IN GENERAL.—At least 90 days prior to 
the delivery for introduction into interstate com-
merce of a tobacco product not on the market on the 
date of enactment of the Family Smoking Preven-
tion and Tobacco Control Act, the manufacturer of 
such product shall provide the information required 
under subsection (a). 
‘‘(2) DISCLOSURE
OF
ADDITIVE.—If at any 
time a tobacco product manufacturer adds to its to-
bacco products a new tobacco additive or increases 
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the quantity of an existing tobacco additive, the 
manufacturer shall, except as provided in paragraph 
(3), at least 90 days prior to such action so advise 
the Secretary in writing. 
‘‘(3) DISCLOSURE OF OTHER ACTIONS.—If at 
any time a tobacco product manufacturer eliminates 
or decreases an existing additive, or adds or in-
creases an additive that has by regulation been des-
ignated by the Secretary as an additive that is not 
a human or animal carcinogen, or otherwise harmful 
to health under intended conditions of use, the man-
ufacturer shall within 60 days of such action so ad-
vise the Secretary in writing. 
‘‘(d) DATA LIST.— 
‘‘(1) IN
GENERAL.—Not later than 3 years 
after the date of enactment of the Family Smoking 
Prevention and Tobacco Control Act, and annually 
thereafter, the Secretary shall publish in a format 
that is understandable and not misleading to a lay 
person, and place on public display (in a manner de-
termined by the Secretary) the list established under 
subsection (e). 
‘‘(2) CONSUMER
RESEARCH.—The Secretary 
shall conduct periodic consumer research to ensure 
that the list published under paragraph (1) is not 
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misleading to lay persons. Not later than 5 years 
after the date of enactment of the Family Smoking 
Prevention and Tobacco Control Act, the Secretary 
shall submit to the appropriate committees of Con-
gress a report on the results of such research, to-
gether with recommendations on whether such publi-
cation should be continued or modified. 
‘‘(e) DATA COLLECTION.—Not later than 24 months 
after the date of enactment of the Family Smoking Pre-
vention and Tobacco Control Act, the Secretary shall es-
tablish, and periodically revise as appropriate, a list of 
harmful and potentially harmful constituents, including 
smoke constituents, to health in each tobacco product by 
brand and by quantity in each brand and subbrand. The 
Secretary shall publish a public notice requesting the sub-
mission by interested persons of scientific and other infor-
mation concerning the harmful and potentially harmful 
constituents in tobacco products and tobacco smoke. 
‘‘SEC. 905. ANNUAL REGISTRATION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
MANUFACTURE, 
PREPARATION, 
COMPOUNDING, 
OR
PROCESSING.—The 
term 
‘manufacture, preparation, compounding, or proc-
essing’ shall include repackaging or otherwise chang-
ing the container, wrapper, or labeling of any to-
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bacco product package in furtherance of the dis-
tribution of the tobacco product from the original 
place of manufacture to the person who makes final 
delivery or sale to the ultimate consumer or user. 
‘‘(2) NAME.—The term ‘name’ shall include in 
the case of a partnership the name of each partner 
and, in the case of a corporation, the name of each 
corporate officer and director, and the State of in-
corporation. 
‘‘(b) REGISTRATION BY OWNERS AND OPERATORS.— 
On or before December 31 of each year, every person who 
owns or operates any establishment in any State engaged 
in the manufacture, preparation, compounding, or proc-
essing of a tobacco product or tobacco products shall reg-
ister with the Secretary the name, places of business, and 
all such establishments of that person. If enactment of the 
Family Smoking Prevention and Tobacco Control Act oc-
curs in the second half of the calendar year, the Secretary 
shall designate a date no later than 6 months into the 
subsequent calendar year by which registration pursuant 
to this subsection shall occur. 
‘‘(c) REGISTRATION BY NEW OWNERS AND OPERA-
TORS.—Every person upon first engaging in the manufac-
ture, preparation, compounding, or processing of a tobacco 
product or tobacco products in any establishment owned 
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or operated in any State by that person shall immediately 
register with the Secretary that person’s name, place of 
business, and such establishment. 
‘‘(d) REGISTRATION OF ADDED ESTABLISHMENTS.— 
Every person required to register under subsection (b) or 
(c) shall immediately register with the Secretary any addi-
tional establishment which that person owns or operates 
in any State and in which that person begins the manufac-
ture, preparation, compounding, or processing of a tobacco 
product or tobacco products. 
‘‘(e) UNIFORM
PRODUCT
IDENTIFICATION
SYS-
TEM.—The Secretary may by regulation prescribe a uni-
form system for the identification of tobacco products and 
may require that persons who are required to list such 
tobacco products under subsection (i) shall list such to-
bacco products in accordance with such system. 
‘‘(f) PUBLIC ACCESS TO REGISTRATION INFORMA-
TION.—The Secretary shall make available for inspection, 
to any person so requesting, any registration filed under 
this section. 
‘‘(g) BIENNIAL INSPECTION OF REGISTERED ESTAB-
LISHMENTS.—Every establishment registered with the 
Secretary under this section shall be subject to inspection 
under section 704 or subsection (h), and every such estab-
lishment engaged in the manufacture, compounding, or 
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(d), or (h) shall, at the time of registration under 
any such subsection, file with the Secretary a list of 
all tobacco products which are being manufactured, 
prepared, compounded, or processed by that person 
for commercial distribution and which have not been 
included in any list of tobacco products filed by that 
person with the Secretary under this paragraph or 
paragraph (2) before such time of registration. Such 
list shall be prepared in such form and manner as 
the Secretary may prescribe and shall be accom-
panied by— 
‘‘(A) in the case of a tobacco product con-
tained in the applicable list with respect to 
which a tobacco product standard has been es-
tablished under section 907 or which is subject 
to section 910, a reference to the authority for 
the marketing of such tobacco product and a 
copy of all labeling for such tobacco product; 
‘‘(B) in the case of any other tobacco prod-
uct contained in an applicable list, a copy of all 
consumer information and other labeling for 
such tobacco product, a representative sampling 
of advertisements for such tobacco product, 
and, upon request made by the Secretary for 
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name, and other information required by para-
graph (1), unless the registrant has previously 
reported such resumption to the Secretary 
under this subparagraph. 
‘‘(D) Any material change in any informa-
tion previously submitted under this paragraph 
or paragraph (1). 
‘‘(j) REPORT PRECEDING INTRODUCTION OF CER-
TAIN
SUBSTANTIALLY
EQUIVALENT
PRODUCTS
INTO 
INTERSTATE COMMERCE.— 
‘‘(1) IN
GENERAL.—Each person who is re-
quired to register under this section and who pro-
poses to begin the introduction or delivery for intro-
duction into interstate commerce for commercial dis-
tribution of a tobacco product intended for human 
use that was not commercially marketed (other than 
for test marketing) in the United States as of Feb-
ruary 15, 2007, shall, at least 90 days prior to mak-
ing such introduction or delivery, report to the Sec-
retary (in such form and manner as the Secretary 
shall prescribe)— 
‘‘(A) the basis for such person’s determina-
tion that— 
‘‘(i) the tobacco product is substan-
tially equivalent, within the meaning of 
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section 910, to a tobacco product commer-
cially marketed (other than for test mar-
keting) in the United States as of Feb-
ruary 15, 2007, or to a tobacco product 
that the Secretary has previously deter-
mined, pursuant to subsection (a)(3) of 
section 910, is substantially equivalent and 
that is in compliance with the require-
ments of this Act; or 
‘‘(ii) the tobacco product is modified 
within the meaning of paragraph (3), the 
modifications are to a product that is com-
mercially marketed and in compliance with 
the requirements of this Act, and all of the 
modifications are covered by exemptions 
granted by the Secretary pursuant to para-
graph (3); and 
‘‘(B) action taken by such person to com-
ply with the requirements under section 907 
that are applicable to the tobacco product. 
‘‘(2) APPLICATION
TO
CERTAIN
POST-FEB-
RUARY 15, 2007, PRODUCTS.—A report under this 
subsection for a tobacco product that was first intro-
duced or delivered for introduction into interstate 
commerce for commercial distribution in the United 
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States after February 15, 2007, and prior to the 
date that is 21 months after the date of enactment 
of the Family Smoking Prevention and Tobacco 
Control Act shall be submitted to the Secretary not 
later than 21 months after such date of enactment. 
‘‘(3) EXEMPTIONS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
exempt from the requirements of this sub-
section relating to the demonstration that a to-
bacco product is substantially equivalent within 
the meaning of section 910, tobacco products 
that are modified by adding or deleting a to-
bacco additive, or increasing or decreasing the 
quantity of an existing tobacco additive, if the 
Secretary determines that— 
‘‘(i) such modification would be a 
minor modification of a tobacco product 
that can be sold under this Act; 
‘‘(ii) a report under this subsection is 
not necessary to ensure that permitting the 
tobacco product to be marketed would be 
appropriate for protection of the public 
health; and 
‘‘(iii) an exemption is otherwise appro-
priate. 
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‘‘(B) REGULATIONS.—Not later than 15 
months after the date of enactment of the Fam-
ily Smoking Prevention and Tobacco Control 
Act, the Secretary shall issue regulations to im-
plement this paragraph. 
‘‘SEC. 906. GENERAL PROVISIONS RESPECTING CONTROL 
OF TOBACCO PRODUCTS. 
‘‘(a) IN GENERAL.—Any requirement established by 
or under section 902, 903, 905, or 909 applicable to a 
tobacco product shall apply to such tobacco product until 
the applicability of the requirement to the tobacco product 
has been changed by action taken under section 907, sec-
tion 910, section 911, or subsection (d) of this section, 
and any requirement established by or under section 902, 
903, 905, or 909 which is inconsistent with a requirement 
imposed on such tobacco product under section 907, sec-
tion 910, section 911, or subsection (d) of this section 
shall not apply to such tobacco product. 
‘‘(b) INFORMATION ON PUBLIC ACCESS AND COM-
MENT.—Each notice of proposed rulemaking or other noti-
fication under section 907, 908, 909, 910, or 911 or under 
this section, any other notice which is published in the 
Federal Register with respect to any other action taken 
under any such section and which states the reasons for 
such action, and each publication of findings required to 
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be made in connection with rulemaking under any such 
section shall set forth— 
‘‘(1) the manner in which interested persons 
may examine data and other information on which 
the notice or findings is based; and 
‘‘(2) the period within which interested persons 
may present their comments on the notice or find-
ings (including the need therefore) orally or in writ-
ing, which period shall be at least 60 days but may 
not exceed 90 days unless the time is extended by 
the Secretary by a notice published in the Federal 
Register stating good cause therefore. 
‘‘(c) LIMITED
CONFIDENTIALITY
OF
INFORMA-
TION.—Any information reported to or otherwise obtained 
by the Secretary or the Secretary’s representative under 
section 903, 904, 907, 908, 909, 910, 911, or 704, or 
under subsection (e) or (f) of this section, which is exempt 
from disclosure under subsection (a) of section 552 of title 
5, United States Code, by reason of subsection (b)(4) of 
that section shall be considered confidential and shall not 
be disclosed, except that the information may be disclosed 
to other officers or employees concerned with carrying out 
this chapter, or when relevant in any proceeding under 
this chapter. 
‘‘(d) RESTRICTIONS.— 
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‘‘(1) IN GENERAL.—The Secretary may by reg-
ulation require restrictions on the sale and distribu-
tion of a tobacco product, including restrictions on 
the access to, and the advertising and promotion of, 
the tobacco product, if the Secretary determines that 
such regulation would be appropriate for the protec-
tion of the public health. The Secretary may by reg-
ulation impose restrictions on the advertising and 
promotion of a tobacco product consistent with and 
to full extent permitted by the first amendment to 
the Constitution. The finding as to whether such 
regulation would be appropriate for the protection of 
the public health shall be determined with respect to 
the risks and benefits to the population as a whole, 
including users and nonusers of the tobacco product, 
and taking into account— 
‘‘(A) the increased or decreased likelihood 
that existing users of tobacco products will stop 
using such products; and 
‘‘(B) the increased or decreased likelihood 
that those who do not use tobacco products will 
start using such products. 
No such regulation may require that the sale or dis-
tribution of a tobacco product be limited to the writ-
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ten or oral authorization of a practitioner licensed 
by law to prescribe medical products. 
‘‘(2) LABEL STATEMENTS.—The label of a to-
bacco product shall bear such appropriate state-
ments of the restrictions required by a regulation 
under subsection (a) as the Secretary may in such 
regulation prescribe. 
‘‘(3) LIMITATIONS.— 
‘‘(A) IN GENERAL.—No restrictions under 
paragraph (1) may— 
‘‘(i) prohibit the sale of any tobacco 
product in face-to-face transactions by a 
specific category of retail outlets; or 
‘‘(ii) establish a minimum age of sale 
of tobacco products to any person older 
than 18 years of age. 
‘‘(B) MATCHBOOKS.—For purposes of any 
regulations issued by the Secretary, matchbooks 
of conventional size containing not more than 
20 paper matches, and which are customarily 
given away for free with the purchase of to-
bacco products, shall be considered as adult- 
written publications which shall be permitted to 
contain advertising. Notwithstanding the pre-
ceding sentence, if the Secretary finds that such 
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treatment of matchbooks is not appropriate for 
the protection of the public health, the Sec-
retary may determine by regulation that match-
books shall not be considered adult-written pub-
lications. 
‘‘(4) REMOTE SALES.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) within 18 months after the date 
of enactment of the Family Smoking Pre-
vention and Tobacco Control Act, promul-
gate regulations regarding the sale and 
distribution of tobacco products that occur 
through means other than a direct, face-to- 
face exchange between a retailer and a 
consumer in order to prevent the sale and 
distribution of tobacco products to individ-
uals who have not attained the minimum 
age established by applicable law for the 
purchase of such products, including re-
quirements for age verification; and 
‘‘(ii) within 2 years after such date of 
enactment, issue regulations to address the 
promotion and marketing of tobacco prod-
ucts that are sold or distributed through 
means other than a direct, face-to-face ex-
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change between a retailer and a consumer 
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 
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point methodology, as prescribed in such regu-
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); 
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‘‘(iv) in establishing the effective date 
of a regulation promulgated under this 
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 
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to the Secretary in such form and manner as 
the Secretary shall prescribe and shall— 
‘‘(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 
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and storage of the tobacco product in lieu 
of the methods, facilities, and controls pre-
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-
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onstrations respecting tobacco products and may obtain 
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.—Begin-
ning 2 years after the date of enactment of the 
Family Smoking Prevention and Tobacco Con-
trol Act, a tobacco product manufacturer shall 
not use tobacco, including foreign grown to-
bacco, that contains a pesticide chemical res-
idue that is at a level greater than is specified 
by any tolerance applicable under Federal law 
to domestically grown tobacco. 
‘‘(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.— 
‘‘(i) CONSIDERATIONS.—In making a 
finding described in subparagraph (A), the 
Secretary shall consider scientific evidence 
concerning— 
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‘‘(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 constitu-
ent), or other component of a tobacco 
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 
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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); 
‘‘(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-
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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 
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 
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