‘‘SEC. 907. TOBACCO PRODUCT STANDARDS. 
‘‘(a) IN GENERAL.— 
‘‘(1) SPECIAL RULES.— 
‘‘(A) SPECIAL RULE FOR CIGARETTES.—Be-
ginning 3 months after the date of enactment 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 (including a 
smoke constituent) or additive, an artificial or 
natural flavor (other than tobacco or menthol) or 
an herb or spice, including strawberry, grape, 
orange, clove, cinnamon, pineapple, vanilla, co-
conut, licorice, cocoa, chocolate, cherry, or coffee, 
that is a characterizing flavor of the tobacco 
product or tobacco smoke. Nothing in this sub-
paragraph shall be construed to limit the Sec-
retary’s authority to take action under this sec-
tion or other sections of this Act applicable to 
menthol or any artificial or natural flavor, herb, 
or spice not specified in this subparagraph. For 
purposes of this section, a cigarette or any of its 
component parts has a characterizing flavor if 
the cigarette, its tobacco smoke, or the component 
part imparts a distinguishable taste or aroma 
other than tobacco or menthol either prior to 
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consumption or during consumption, or is adver-
tised or marketed as having or producing a fla-
vor, taste, or aroma other than tobacco or men-
thol. 
‘‘(B) ADDITIONAL SPECIAL RULE.—No to-
bacco product manufactured in or imported into 
the United States shall contain foreign-grown to-
bacco that— 
‘‘(i) contains a level of any pesticide 
chemical residue in excess of any maximum 
permissible residue level that is applicable 
to domestically grown tobacco; or 
‘‘(ii) was grown or processed using any 
pesticide chemical not approved under Fed-
eral law for use in domestic tobacco farm-
ing or processing. 
‘‘(2) REVISION
OF
TOBACCO
PRODUCT
STAND-
ARDS.—The Secretary may revise the tobacco product 
standards in paragraph (1) in accordance with sub-
section (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 
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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— 
‘‘(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 tobacco 
products will stop using such products; 
and 
‘‘(III) the increased or decreased 
likelihood that those who do not use to-
bacco products will start using such 
products. 
‘‘(ii) ADDITIONAL CONSIDERATIONS.— 
In the event that the Secretary makes a de-
termination, set forth in a proposed tobacco 
product standard in a proposed rule, that it 
is appropriate for the protection of public 
health to require the reduction or elimi-
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nation of an additive, constituent (includ-
ing a smoke constituent), or other compo-
nent of a tobacco product because the Sec-
retary has found that the additive, con-
stituent, or other component is or may be 
harmful, any party objecting to the pro-
posed standard on the ground that the pro-
posed standard will not reduce or eliminate 
the risk of illness or injury may provide for 
the Secretary’s consideration scientific evi-
dence that demonstrates that the proposed 
standard 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 
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‘‘(iii) relating to any other require-
ment under subparagraph (B); 
‘‘(B) shall, where appropriate for the protec-
tion of the public health, include— 
‘‘(i) provisions respecting the construc-
tion, components, ingredients, additives, 
constituents, including smoke constituents, 
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 re-
quired; and 
‘‘(v) a provision requiring that the sale 
and distribution of the tobacco product be 
restricted but only to the extent that the sale 
and distribution of a tobacco product may 
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