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facturer 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 Edu-
cation Act of 1986 (15 U.S.C. 4402), as amended by sub-
section (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 following: 
‘‘(d) AUTHORITY
TO
REVISE
WARNING
LABEL 
STATEMENTS.—The Secretary may, by a rulemaking con-
ducted under section 553 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.’’. 
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(b) PREEMPTION.—Section 7(a) of the Comprehen-
sive Smokeless Tobacco Health Education Act of 1986 (15 
U.S.C. 4406(a)) is amended by striking ‘‘No’’ and insert-
ing ‘‘Except as provided in the Family Smoking Preven-
tion and Tobacco Control Act (and the amendments made 
by that Act), no’’. 
SEC. 206. TAR, NICOTINE, AND OTHER SMOKE CON-
STITUENT DISCLOSURE TO THE PUBLIC. 
Section 4 of the Federal Cigarette Labeling and Ad-
vertising 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 CON-
STITUENT DISCLOSURE.— 
‘‘(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 ad-
vertised or packaged brand. Any such disclosure 
shall be in accordance with the methodology estab-
lished under such regulations, shall conform to the 
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type size requirements of subsection (b) of this sec-
tion, and shall appear within the area specified in 
subsection (b) of this section. 
‘‘(2) RESOLUTION OF DIFFERENCES.—Any dif-
ferences between the requirements established by the 
Secretary under paragraph (1) and tar and nicotine 
yield reporting requirements established by the Fed-
eral Trade Commission shall be resolved by a memo-
randum of understanding between the Secretary and 
the Federal Trade Commission. 
‘‘(3) CIGARETTE AND OTHER TOBACCO PROD-
UCT CONSTITUENTS.—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 require-
ments regarding the level of any cigarette or other 
tobacco product constituent including any smoke 
constituent. Any such disclosure may be required if 
the Secretary determines that disclosure would be of 
benefit to the public health, or otherwise would in-
crease consumer awareness of the health con-
sequences 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 
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from requiring such prescribed disclosure through a 
cigarette or other tobacco product package or adver-
tisement insert, or by any other means under the 
Federal Food, Drug, and Cosmetic Act. 
‘‘(4) RETAILERS.—This subsection applies to a 
retailer only if that retailer is responsible for or di-
rects the label statements required under this sec-
tion.’’. 
TITLE III—PREVENTION OF IL-
LICIT 
TRADE 
IN 
TOBACCO 
PRODUCTS 
SEC. 301. LABELING, RECORDKEEPING, RECORDS INSPEC-
TION. 
Chapter IX of the Federal Food, Drug, and Cosmetic 
Act, as added by section 101, is further amended by add-
ing at the end the following: 
‘‘SEC. 920. LABELING, RECORDKEEPING, RECORDS INSPEC-
TION. 
‘‘(a) ORIGIN LABELING.— 
‘‘(1) REQUIREMENT.—Beginning 1 year after 
the date of enactment of the Family Smoking Pre-
vention and Tobacco Control Act, the label, pack-
aging, and shipping containers of tobacco products 
for introduction or delivery for introduction into 
interstate commerce in the United States shall bear 
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the statement ‘sale only allowed in the United 
States’. 
‘‘(2) EFFECTIVE
DATE.—The effective date 
specified in paragraph (1) shall be with respect to 
the date of manufacture, provided that, in any case, 
beginning 30 days after such effective date, a manu-
facturer shall not introduce into the domestic com-
merce of the United States any product, irrespective 
of the date of manufacture, that is not in conform-
ance with such paragraph. 
‘‘(b) REGULATIONS CONCERNING RECORDKEEPING 
FOR TRACKING AND TRACING.— 
‘‘(1) IN GENERAL.—The Secretary shall pro-
mulgate regulations regarding the establishment and 
maintenance of records by any person who manufac-
tures, processes, transports, distributes, receives, 
packages, holds, exports, or imports tobacco prod-
ucts. 
‘‘(2) INSPECTION.—In promulgating the regula-
tions 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 
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trade, smuggling, or counterfeiting of tobacco prod-
ucts. 
‘‘(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 to-
bacco product through the distribution system. 
‘‘(4) SIZE OF BUSINESS.—The Secretary shall 
take into account the size of a business in promul-
gating regulations under this section. 
‘‘(5) RECORDKEEPING
BY
RETAILERS.—The 
Secretary shall not require any retailer to maintain 
records relating to individual 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, processes, transports, distributes, re-
ceives, holds, packages, exports, or imports tobacco prod-
ucts shall, at the request of an officer or employee duly 
designated by the Secretary, permit such officer or em-
ployee, at reasonable times and within reasonable limits 
and in a reasonable manner, upon the presentation of ap-
propriate 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 
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