123STA T . 1 80 3 PUBLIC LA W 111 – 31 —J U NE 22 , 200 9ef fe ctiv e da te o ft h at pr od u ct s ta n dard sha l l b e not less than 2y ears after the date of publication of the final re g ulation establishing the standard .‘ ‘ (3)LIM I TA TI ON ON P O WERG RANTE D TOT H E F OOD AND DR U G ADMINI S TRATION. —B ecause of the i m portance of a decision of the S ecretary to issue a regulation— ‘‘( A ) banning all cigarettes , all smo k eless tobacco prod - ucts, all little cigars, all cigars other than little cigars, all pipe tobacco, or all roll-your-o w n tobacco products
or ‘‘(B) re q uiring the reduction of nicotine yields of a tobacco product to z ero, the Secretary is prohibited from taking such actions under this Act. ‘‘( 4 ) AMENDMENT; RE V O C ATION.— ‘‘(A) AUTHORIT Y .— T he Secretary, upon the Secretary ’ s own initiative or upon petition of an interested person, may by a regulation, promulgated in accordance with the requirements of subsection (c) and paragraph (2), amend or revoke a tobacco product standard. ‘‘(B) E FFECTIVE DATE.—The Secretary may declare a proposed amendment of a tobacco product standard to be effective on and after its publication in the F ederal R egister and until the effective date of any final action taken on such amendment if the Secretary determines that making it so effective is in the public interest. ‘‘( 5 ) REFERRA L TO ADVISORY COMMITTEE.— ‘‘(A) I N GENERAL.—The Secretary may refer a proposed regulation for the establishment, amendment, or revocation of a tobacco product standard to the Tobacco P roducts Scientific Advisory C ommittee for a report and rec- ommendation with respect to any matter involved in the proposed regulation which requires the e x ercise of scientific j udgment. ‘‘(B) INITIATION OF REFERRAL.—The Secretary may make a referral under this paragraph— ‘‘(i) on the Secretary’s own initiative; or ‘‘(ii) upon the request of an interested person that— ‘‘(I) demonstrates good cause for the referral; and ‘‘(II) is made before the expiration of the period for submission of comments on the proposed regu- lation. ‘‘(C) PROVISION OF DATA.—If a proposed regulation is referred under this paragraph to the Tobacco Products Scientific Advisory Committee, the Secretary shall provide the Advisory Committee with the data and information on which such proposed regulation is based. ‘‘( D ) REPORT AND RECOMMENDATION.—The Tobacco Products Scientific Advisory Committee shall, within 60 days after the referral of a proposed regulation under this paragraph and after independent study of the data and information furnished to it by the Secretary and other data and information before it, submit to the Secretary a report and recommendation respecting such regulation, together with all underlying data and information and a statement of the reason or basis for the recommendation. Sta t em e n t .D ea dli ne.
