185 
conducted the inspection shall give to the person in charge 
of the premises a report in writing setting forth any condi-
tions or practices that appear to manifest a violation of 
this Act, or the regulations under it. 
(c) SAMPLES.—If the officer has obtained any sample 
in the course of inspection, prior to leaving the premises 
that officer shall give to the person in charge of the prem-
ises a receipt describing the samples obtained. As to each 
sample obtained, the officer shall furnish promptly to the 
person in charge of the premises a copy of the sample and 
of any analysis made upon the sample. 
SEC. 507. EFFECT OF COMPLIANCE. 
Compliance with the provisions of this Act and the 
regulations promulgated under it shall constitute a com-
plete defense to any civil action, including but not limited 
to any products liability action, that seeks to recover dam-
ages, whether compensatory or punitive, based upon an 
alleged defect in the labeling or advertising of any tobacco 
product distributed for sale domestically. 
SEC. 508. IMPORTS. 
(a) IMPORTS; LIST OF REGISTERED FOREIGN ES-
TABLISHMENTS; SAMPLES FROM UNREGISTERED FOR-
EIGN ESTABLISHMENTS; EXAMINATION AND REFUSAL OF 
ADMISSION.—The Secretary of Homeland Security shall 
deliver to the Administrator, upon request by the Adminis-
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trator, samples of tobacco products that are being im-
ported or offered for import into the United States, giving 
notice thereof to the owner or consignee, who may appear 
before the Administrator and have the right to introduce 
testimony. The Administrator shall furnish to the Sec-
retary of Homeland Security a list of establishments reg-
istered pursuant to subsection (d) of section 109 of this 
Act, and shall request that, if any tobacco products manu-
factured, prepared, or processed in an establishment not 
so registered are imported or offered for import into the 
United States, samples of such tobacco products be deliv-
ered to the Administrator, with notice of such delivery to 
the owner or consignee, who may appear before the Ad-
ministrator and have the right to introduce testimony. If 
it appears from the examination of such samples or other-
wise that (1) such tobacco product is forbidden or re-
stricted in sale in the country in which it was produced 
or from which it was exported, or (2) such tobacco product 
is adulterated, misbranded, or otherwise in violation of 
this Act, then such tobacco product shall be refused ad-
mission, except as provided in subsection (b) of this sec-
tion. The Secretary of Homeland Security shall cause the 
destruction of any such tobacco product refused admission 
unless such tobacco product is exported, under regulations 
prescribed by the Secretary of Homeland Security, within 
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ninety days of the date of notice of such refusal or within 
such additional time as may be permitted pursuant to such 
regulations. 
(b) DISPOSITION
OF REFUSED TOBACCO PROD-
UCTS.—Pending decision as to the admission of a tobacco 
product being imported or offered for import, the Sec-
retary of Homeland Security may authorize delivery of 
such tobacco product to the owner or consignee upon the 
execution by such consignee of a good and sufficient bond 
providing for the payment of such liquidated damages in 
the event of default as may be required pursuant to regu-
lations of the Secretary of Homeland Security. If it ap-
pears to the Administrator that a tobacco product in-
cluded within the provisions of clause (3) of subsection 
(a) of this section can, by relabeling or other action, be 
brought into compliance with this Act or rendered other 
than a tobacco product, final determination as to admis-
sion of such tobacco product may be deferred and, upon 
filing of timely written application by the owner or con-
signee and the execution by such consignee of a bond as 
provided in the preceding provisions of this subsection, the 
Administrator may, in accordance with regulations, au-
thorize the applicant to perform such relabeling or other 
action specified in such authorization (including destruc-
tion or export of rejected tobacco products or portions 
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thereof, as may be specified in the Administrator’s author-
ization). All such relabeling or other action pursuant to 
such authorization shall in accordance with regulations be 
under the supervision of an officer or employee of the 
Agency designated by the Administrator, or an officer or 
employee of the Department of Homeland Security des-
ignated by the Secretary of Homeland Security. 
(c) CHARGES
CONCERNING
REFUSED
TOBACCO 
PRODUCTS.—All expenses (including travel, per diem or 
subsistence, and salaries of officers or employees of the 
United States) in connection with the destruction provided 
for in subsection (a) of this section and the supervision 
of the relabeling or other action authorized under the pro-
visions of subsection (b) of this section, the amount of 
such expenses to be determined in accordance with regula-
tions, and all expenses in connection with the storage, 
cartage, or labor with respect to any tobacco product re-
fused admission under subsection (a) of this section, shall 
be paid by the owner or consignee and, in default of such 
payment, shall constitute a lien against any future impor-
tations made by such owner or consignee. 
SEC. 509. TOBACCO PRODUCTS FOR EXPORT. 
(a) EXEMPTION
FOR
TOBACCO
PRODUCTS
EX-
PORTED.—Except as provided in subsection (b), a tobacco 
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product intended for export shall be exempt from this Act 
if— 
(1) it is not in conflict with the laws of the 
country to which it is intended fore export, as shown 
by either (A) a document issued by the government 
of that country or (B) a document provided by a 
person knowledgeable with respect to the relevant 
laws of that country and qualified by training and 
experience to opine on whether the tobacco product 
is or is not in conflict with such laws; 
(2) it is labeled on the outside of the shipping 
package that it is intended for export; and 
(3) the particular units of tobacco product in-
tended for export have not been sold or offered for 
sale in domestic commerce. 
(b) PRODUCTS
FOR U.S. ARMED FORCES OVER-
SEAS.—A tobacco product intended for export shall not 
be exempt from this Act if it is intended for sale or dis-
tribution to members or units of the Armed Forces of the 
United States located outside of the United States. 
(c) This Act shall not apply to a person that manu-
factures and/or distributes tobacco products solely for ex-
port under subsection (a), except to the extent such to-
bacco products are subject to subsection (b). 
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TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. USE OF PAYMENTS UNDER THE MASTER SETTLE-
MENT AGREEMENT AND INDIVIDUAL STATE 
SETTLEMENT AGREEMENTS. 
(a) REDUCTION OF GRANT AMOUNTS.—(1) For fiscal 
year 2010 and each subsequent fiscal year, the Secretary 
shall reduce, as provided in subsection (b), the amount 
of any grant under section 1921 of the Public Health 
Service Act (42 U.S.C. § 300x–21) for any State that 
spends on tobacco control programs from the funds re-
ceived by such State pursuant to the Master Settlement 
Agreement, the Florida Settlement Agreement, the Min-
nesota Settlement Agreement, the Mississippi Memo-
randum of Understanding, or the Texas Settlement Agree-
ment, as applicable, less than 20 percent of the amounts 
received by that State from settlement payments. 
(2) In the case of a State whose legislature does not 
convene a regular session in fiscal year 2009 or 2010, and 
in the case of a State whose legislature does not convene 
a regular session in fiscal year 2010, the requirement de-
scribed in subsection (a)(1) as a condition of receipt of 
a grant under section 1921 of the Public Health Service 
Act shall apply only for fiscal year 2009 and subsequent 
fiscal years. 
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between the State of Texas and signatory tobacco 
product manufacturers, as specified therein. 
SEC. 602. PREEMPTION OF STATE LAWS IMPLEMENTING 
FIRE SAFETY STANDARD FOR CIGARETTES. 
(a) IN GENERAL.—With respect to fire safety stand-
ards for cigarettes, no State or political subdivision shall— 
(1) require testing of cigarettes that would be 
in addition to, or different from, the testing pre-
scribed in subsection (b); or 
(2) require a performance standard that is in 
addition to, or different from, the performance 
standard set forth in subsection (b). 
(b) TEST METHOD
AND PERFORMANCE STAND-
ARD.— 
(1) To the extent a State or political subdivi-
sion enacts or has enacted legislation or a regulation 
setting a fire safety standard for cigarettes, the test 
method employed shall be— 
(A) the American Society of Testing and 
Materials (‘‘ASTM’’) standard E2187–4, enti-
tled ‘‘Standard Test Method for Measuring the 
Ignition Strength of Cigarettes’’; 
(B) for each cigarette on 10 layers of filter 
paper; 
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(C) so that a replicate test of 40 cigarettes 
for each brand style of cigarettes comprises a 
complete test trial for that brand style; and 
(D) in a laboratory that has been accred-
ited in accordance with ISO/IEC 17205 of the 
International Organization for Standardization 
(‘‘ISO’’) and that has an implemented quality 
control and quality assurance program that in-
cludes a procedure capable of determining the 
repeatability of the testing results to a repeat-
ability value that is no greater than 0.19. 
(2) To the extent a State or political subdivi-
sion enacts or has enacted legislation or a regulation 
setting a fire safety standard for cigarettes, the per-
formance standard employed shall be that no more 
than 25 percent of the cigarettes of that brand style 
tested in a complete test in accordance with para-
graph (1) exhibit full-length burns 
(c) EXCEPTION TO SUBSECTION (b).—In the event 
that a manufacturer of a cigarette that a State or political 
subdivision or its respective delegated agency determines 
cannot be tested in accordance with the test method pre-
scribed in subsection (b)(1)(A), the manufacturer shall 
propose a test method and performance standard for the 
cigarette to the State or political subdivision. Upon ap-
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proval of the proposed test method and a determination 
by the State or political division that the performance 
standard proposed by the manufacturer is equivalent to 
the performance standard prescribed in subsection (b)(2), 
the manufacturer may employ such test method and per-
formance standard to certify such cigarette pursuant to 
this subsection notwithstanding subsection (b). 
SEC. 603. INSPECTION BY THE ALCOHOL AND TOBACCO 
TAX TRADE BUREAU OF RECORDS OF CER-
TAIN CIGARETTE AND SMOKELESS TOBACCO 
SELLERS. 
(a) IN GENERAL.—Any officer of the Bureau of the 
Alcohol and Tobacco Tax Trade Bureau may, during nor-
mal business hours, enter the premises of any person de-
scribed in subsection (b) for the purposes of inspecting— 
(1) any records or information required to be 
maintained by such person under the provisions of 
law referred to in subsection (d); or 
(2) any cigarettes or smokeless tobacco kept or 
stored by such person at such premises. 
(b) COVERED PERSONS.—Subsection (a) applies to 
any person who engages in a delivery sale, and who ships, 
sells, distributes, or receives any quantity in excess of 
10,000 cigarettes, or any quantity in excess of 500 single- 
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unit consumer-sized cans or packages of smokeless to-
bacco, within a single month. 
(c) RELIEF.— 
(1) IN GENERAL.—The district courts of the 
United States shall have the authority in a civil ac-
tion under this subsection to compel inspections au-
thorized by subsection (a). 
(2) VIOLATIONS.—Whoever violates subsection 
(a) or an order issued pursuant to paragraph (1) 
shall be subject to a civil penalty in an amount not 
to exceed $10,000 for each violation. 
(d) COVERED PROVISIONS OF LAW.—The provisions 
of law referred to in this subsection are— 
(1) the Act of October 19, 1949 (15 U.S.C. 
375; commonly referred to as the ‘‘Jenkins Act’’); 
(2) chapter 114 of title 18, United States Code; 
and 
(3) this Act. 
(e) DELIVERY SALE DEFINED.—In this section, the 
term ‘‘delivery sale’’ has the meaning given that term in 
2343(e) of title 18, United States Code, as amended by 
this Act. 
SEC. 604. SEVERABILITY. 
If any provision of this Act, the amendments made 
by this Act, or the application of any provision of this Act 
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to any person or circumstance is held to be invalid, the 
remainder of this Act, the amendments made by this Act, 
and the application of the provisions of this Act to any 
other person or circumstance shall not be affected, and 
shall continue to be enforced to the fullest extent possible. 
TITLE VII—TOBACCO GROWER 
PROTECTION 
SEC. 701. TOBACCO GROWER PROTECTION. 
No provision in this Act shall allow the Administrator 
or any other person to require changes to traditional farm-
ing practices, including standard cultivation practices, cur-
ing processes, seed composition, tobacco type, fertilization, 
soil, record keeping, or any other requirement affecting 
farming practices. 
Æ 
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