123STA T . 1 80 1 PUBLIC LA W 111 – 31 —J U NE 22 , 200 9‘ ‘ (i ii )prov i s io n s f or them e a s u rement of the to b a c co pro d uct characteristics of the tobacco product
‘‘(iv) provisions re q uirin g that the resu l ts of each or of certain of the tests of the tobacco product required to be made under clause (ii) sho w that the tobacco product is in conformit y with the portions of the standard for which the test or tests were required; and ‘‘(v) a provision requiring that the sale and dis - tribution of the tobacco product be restricted but only tothee x tent that the sale and distribution of a tobacco product may be restricted under a regulation under section 906 (d); ‘‘( C ) shall , where appropriate, require the use and pre- scribe the form and content of labeling for the proper use of the tobacco product; and ‘‘( D ) shall require tobacco products containing foreign- grown tobacco to meet the same standards applicable to tobacco products containing domestically grown tobacco . ‘‘( 5 ) PERIOD I C REE VALU A T IO N O F TO B ACCO P RODUCT S TAND- ARDS. —T he S ecretary shall provide for periodic evaluation of tobacco product standards established under this section to determine whether such standards should be changed to reflect new medical, scientific, or other technological data. The Sec- retary may provide for testing under paragraph ( 4 )( B )byany person. ‘‘(6) I NVOLVE M ENT OF OT H ERA G ENCIES; INFORMED PER- SONS.—In carrying out duties under this section, the Secretary shall endeavor to— ‘‘( A ) use personnel, facilities, and other technical sup- port available in other F ederal agencies; ‘‘(B) consult with other Federal agencies concerned with standard setting and other nationally or internationally recogni z ed standard-setting entities; and ‘‘(C) invite appropriate participation, through j oint or other conferences, wor k shops, or other means, by informed persons representative of scientific, professional, industry, agricultural, or consumer organizations who in the Sec- retary ’ s judgment can make a significant contribution. ‘‘(b) CONSIDERATIONS B Y SECRETARY.— ‘‘( 1 ) TECHNICAL ACHIEVABILITY.—The Secretary shall con- sider information submitted in connection with a proposed standard regarding the technical achievability of compliance with such standard. ‘‘( 2 ) O THER CONSIDERATIONS.—The Secretary shall consider all other information submitted in connection with a proposed standard, including information concerning the countervailing effects of the tobacco product standard on the health of adoles- cent tobacco users, adult tobacco users, or nontobacco users, such as the creation of a significant demand for contraband or other tobacco products that do not meet the requirements of this chapter and the significance of such demand. ‘‘(c) PROPOSED STANDARDS.— ‘‘(1) IN GENERAL.—The Secretary shall publish in the Fed- eral R egister a notice of proposed rulemaking for the establish- ment, amendment, or revocation of any tobacco product standard. Fed e ralR e gist er ,pub li c ati on.N otice. C onsultation.
