123STA T . 1 79 3 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 09 designat ed by t h e S e cr etary at l east o nce in the 2- year p eriod beginning w ith the date o f registration of s u ch establish m ent under this section and at least once in e v ery successive 2-year period thereafter .‘ ‘ ( h )REGISTRA TI ONBYF OREIGN E STAB L IS HM ENTS. —A ny establishment within any foreign country engaged in the manufac- ture , preparation, compounding, or processing of a tobacco product or tobacco products, shall register under this section under regula- tions promulgated by the Secretary. Such regulations shall re q uire such establishment to provide the information required by sub- section (i) and shall include provisions for registration of any such establishment upon condition that adequate and effective means are available, by arrangement with the government of such foreign country or otherwise, to enable the Secretary to determine from time to time whether tobacco products manufactured, prepared, compounded, or processed in such establishment, if imported or offered for import into the U nited States, shall be refused admission on any of the grounds set forth in section 801 (a). ‘‘(i) REGISTRATION I N F ORMATION.— ‘‘(1) P RO DUC T LIST.—Every person who registers with the Secretary under subsection (b), (c), (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 manufac- tured, 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 Sec- retary 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 contained in the applicable list with respect to which a tobacco product standard has been established under section 9 0 7 or which is sub j ect to section 910, a reference to the authority for the mar k eting of such tobacco product and a copy of all labeling for such tobacco product
‘‘( B ) in the case of any other tobacco product contained in an applicable list, a copy of all consumer information and other labeling for such tobacco product, a representa- tive sampling of advertisements for such tobacco product, and, upon request made by the Secretary for good cause, a copy of all advertisements for a particular tobacco product; and ‘‘( C ) if the registrant filing a list has determined that a tobacco product contained in such list is not subject to a tobacco product standard established under section 907, a brief statement of the basis upon which the reg- istrant made such determination if the Secretary requests such a statement with respect to that particular tobacco product. ‘‘(2) CONSULTATION W ITH RES P ECT TO FORMS.— T he Sec- retary shall consult with the Secretary of the Treasury in developing the forms to be used for registration under this section to minimi z e the burden on those persons required to register with both the Secretary and the Ta x and Trade Bureau of the D epartment of the Treasury. Regulations.
