123STA T . 1 80 0 PUBLIC LA W 111 – 31 —J U NE 22 , 200 9‘ ‘ (2)REVIS I ON O FT O BAC CO PR O DU CT STANDARDS .—TheS e c-r e ta r ym ay re vis ethet ob acco p ro du ct sta n dards in para g raph ( 1 ) in accordance w ith subsection (c). ‘‘( 3 ) TOBACCO PRODUCT STANDARDS.— ‘‘( A ) I N G ENERA L .—The Secretary may adopt tobacco product standards in addition to those in paragraph (1) i f the Secretary finds that a tobacco product standard is appropriate for the protection of the pub l ic health. ‘‘( B ) D ETER M INATIONS.— ‘‘(i) C ONSIDERATIONS.—In ma k ing a finding described in subparagraph (A) , the Secretary shall con- sider 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 e x isting users of tobacco products will stop using such products; and ‘‘(III) the increased or decreased likelihood that those who do not use tobacco products will start using such products. ‘‘(ii) ADDITIONAL CONSIDERATIONS.—In the event that the Secretary makes a determination, set forth in a proposed tobacco product standard in a proposed rule, that it is appropriate for the protection of public health to re q uire the reduction or elimination of an additive, constituent (including a smoke constituent), or other component of a tobacco product because the Secretary has found that the additive, constituent, or other component is or may be harmful, any party ob j ecting to the proposed standard on the ground that the proposed standard will not reduce or eliminate the risk of illness or injury may provide for the Sec- retary ’ s consideration scientific evidence that dem- onstrates that the proposed standard will not reduce or eliminate the risk of illness or injury. ‘‘( 4 ) CONTENT OF TOBACCO PRODUCT STANDARDS.—A tobacco product standard established under this section for a tobacco product— ‘‘(A) shall include provisions that are appropriate 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 constituents, or harmful components of the product; or ‘‘(iii) relating to any other requirement under subparagraph (B); ‘‘(B) shall, where appropriate for the protection of the public health, include— ‘‘(i) provisions respecting the construction, compo- nents, 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 individual basis) of the tobacco product;
