123STA T . 1 8 22 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9beyondat ota l o f5 yea rs after t h e i nitial date of c o mp liance u nder this section set by the S ecretary w ith respect to manufacturers that are not small tobacco product manufac - turers .‘ ‘ (3) S UBSEQ UE NTA N D ADD I TI O NA L TESTIN G AND R E P ORTING. —T he re g ulations promulgated under subsection (a) shall pro v ide that , with respect to any subse q uent or additional testing and reporting of tobacco products required under this section, such testing and reporting by a small tobacco product manufacturer shall be conducted in accordance with the time- frames described in paragraph ( 2 )( A ),e x cept that, in the case of a new product, or if there has been a modification described in section 910 (a)(1)( B ) of any product of a small tobacco product manufacturer since the last testing and reporting required under this section, the Secretary shall require that any subse- quent or additional testing and reporting be conducted in accordance with the same timeframe applicable to manufactur- ers that are not small tobacco product manufacturers. ‘‘( 4 ) J OINT LABORATOR Y TESTING SER V I C ES.—The Secretary shall allow any 2 or more small tobacco product manufacturers to j oin together to purchase laboratory testing services required by this section on a group basis in order to ensure that such manufacturers receive access to, and fair pricing of, such testing services. ‘‘(e) EX TENSIONS F OR L I M ITED LABORATORY C APACITY.— ‘‘(1) I N GENERAL.—The regulations promulgated under sub- section (a) shall provide that a small tobacco product manufac- turer shall not be considered to be in violation of this section before the deadline applicable under paragraphs (3) and (4), if— ‘‘(A) the tobacco products of such manufacturer are in compliance with all other requirements of this chapter
and ‘‘(B) the conditions described in paragraph (2) are met. ‘‘(2) CONDITIONS.— N otwithstanding the requirements of this section, the Secretary may delay the date by which a small tobacco product manufacturer must be in compliance with the testing and reporting required by this section until such time as the testing is reported if, not later than 90 days before the deadline for reporting in accordance with this section, a small tobacco product manufacturer provides evidence to the Secretary demonstrating that— ‘‘(A) the manufacturer has submitted the required prod- ucts for testing to a laboratory and has done so sufficiently in advance of the deadline to create a reasonable expecta- tion of completion by the deadline; ‘‘(B) the products currently are awaiting testing by the laboratory; and ‘‘(C) neither that laboratory nor any other laboratory is able to complete testing by the deadline at customary, nonexpedited testing fees. ‘‘(3) EXTENSION.—The Secretary, ta k ing into account the laboratory testing capacity that is available to tobacco product manufacturers, shall review and verify the evidence submitted by a small tobacco product manufacturer in accordance with paragraph (2). If the Secretary finds that the conditions described in such paragraph are met, the Secretary shall notify Notif i ca tio n.De a dl ine. Ev idence.
