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section on a group basis in order to ensure that such 
manufacturers receive access to, and fair pricing of, 
such testing services. 
‘‘(e) EXTENSIONS FOR LIMITED LABORATORY CA-
PACITY.— 
‘‘(1) IN
GENERAL.—The regulations promul-
gated under subsection (a) shall provide that a small 
tobacco product manufacturer shall not be consid-
ered to be in violation of this section before the 
deadline applicable under paragraphs (3) and (4), 
if— 
‘‘(A) the tobacco products of such manu-
facturer are in compliance with all other re-
quirements of this chapter; and 
‘‘(B) the conditions described in paragraph 
(2) are met. 
‘‘(2) CONDITIONS.—Notwithstanding the re-
quirements of this section, the Secretary may delay 
the date by which a small tobacco product manufac-
turer must be in compliance with the testing and re-
porting required by this section until such time as 
the testing is reported if, not later than 90 days be-
fore the deadline for reporting in accordance with 
this section, a small tobacco product manufacturer 
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HR 1256 PCS 
provides evidence to the Secretary demonstrating 
that— 
‘‘(A) the manufacturer has submitted the 
required products for testing to a laboratory 
and has done so sufficiently in advance of the 
deadline to create a reasonable expectation of 
completion by the deadline; 
‘‘(B) the products currently are awaiting 
testing by the laboratory; and 
‘‘(C) neither that laboratory nor any other 
laboratory is able to complete testing by the 
deadline at customary, nonexpedited testing 
fees. 
‘‘(3) EXTENSION.—The Secretary, taking into 
account the laboratory testing capacity that is avail-
able to tobacco product manufacturers, shall review 
and verify the evidence submitted by a small tobacco 
product manufacturer in accordance with paragraph 
(2). If the Secretary finds that the conditions de-
scribed in such paragraph are met, the Secretary 
shall notify the small tobacco product manufacturer 
that the manufacturer shall not be considered to be 
in violation of the testing and reporting require-
ments of this section until the testing is reported or 
until 1 year after the reporting deadline has passed, 
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HR 1256 PCS 
whichever occurs sooner. If, however, the Secretary 
has not made a finding before the reporting dead-
line, the manufacturer shall not be considered to be 
in violation of such requirements until the Secretary 
finds that the conditions described in paragraph (2) 
have not been met, or until 1 year after the report-
ing deadline, whichever occurs sooner. 
‘‘(4) ADDITIONAL EXTENSION.—In addition to 
the time that may be provided under paragraph (3), 
the Secretary may provide further extensions of 
time, in increments of no more than 1 year, for re-
quired testing and reporting to occur if the Sec-
retary determines, based on evidence properly and 
timely submitted by a small tobacco product manu-
facturer in accordance with paragraph (2), that a 
lack of available laboratory capacity prevents the 
manufacturer from completing the required testing 
during the period described in paragraph (3). 
‘‘(f) RULE
OF CONSTRUCTION.—Nothing in sub-
section (d) or (e) shall be construed to authorize the exten-
sion of any deadline, or to otherwise affect any timeframe, 
under any provision of this Act or the Family Smoking 
Prevention and Tobacco Control Act other than this sec-
tion. 
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HR 1256 PCS 
‘‘SEC. 916. PRESERVATION OF STATE AND LOCAL AUTHOR-
ITY. 
‘‘(a) IN GENERAL.— 
‘‘(1) PRESERVATION.—Except as provided in 
paragraph (2)(A), nothing in this chapter, or rules 
promulgated under this chapter, shall be construed 
to limit the authority of a Federal agency (including 
the Armed Forces), a State or political subdivision 
of a State, or the government of an Indian tribe to 
enact, adopt, promulgate, and enforce any law, rule, 
regulation, or other measure with respect to tobacco 
products that is in addition to, or more stringent 
than, requirements established under this chapter, 
including a law, rule, regulation, or other measure 
relating to or prohibiting the sale, distribution, pos-
session, exposure to, access to, advertising and pro-
motion of, or use of tobacco products by individuals 
of any age, information reporting to the State, or 
measures relating to fire safety standards for to-
bacco products. No provision of this chapter shall 
limit or otherwise affect any State, Tribal, or local 
taxation of tobacco products. 
‘‘(2) PREEMPTION
OF
CERTAIN
STATE
AND 
LOCAL REQUIREMENTS.— 
‘‘(A) IN GENERAL.—No State or political 
subdivision of a State may establish or continue 
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in effect with respect to a tobacco product any 
requirement which is different from, or in addi-
tion to, any requirement under the provisions of 
this chapter relating to tobacco product stand-
ards, premarket review, adulteration, mis-
branding, labeling, registration, good manufac-
turing standards, or modified risk tobacco prod-
ucts. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
does not apply to requirements relating to the 
sale, distribution, possession, information re-
porting to the State, exposure to, access to, the 
advertising and promotion of, or use of, tobacco 
products by individuals of any age, or relating 
to fire safety standards for tobacco products. 
Information disclosed to a State under subpara-
graph (A) that is exempt from disclosure under 
section 552(b)(4) of title 5, United States Code, 
shall be treated as a trade secret and confiden-
tial information by the State. 
‘‘(b) RULE OF CONSTRUCTION REGARDING PRODUCT 
LIABILITY.—No provision of this chapter relating to a to-
bacco product shall be construed to modify or otherwise 
affect any action or the liability of any person under the 
product liability law of any State. 
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