123STA T . 1 804PUBLIC LA W 111 – 31 —J U NE 22 , 200 9‘ ‘ (E)PUBLICAV AILABILI TY.—TheS e cr e ta r ys ha l l m a k e ac op yo f each report a nd recommendat i on u nder su b para -g raph ( D ) publicly a v ailable. ‘‘(e) MEN T HO L C I G A R ETTE S .— ‘‘( 1 ) R E F ERRAL
CONSI D ERATIONS.— I mmediately upon the establishment of the Tobacco Products Scientific A dvisory Com- mittee under section 9 1 7 (a) , the Secretary shall refer to the Committee for report and recommendation, under section 917(c)( 4 ), the issue of the impact of the use of menthol in cigarettes on the public health, including such use among chil- dren, African-Americans, H ispanics, and other racial and ethnic minorities. In its revie w , the Tobacco Products Scientific Advisory Committee shall address the considerations listed in subsections (a)( 3 )( B )(i) and (b). ‘‘( 2 )RE P ORT AND RECO M MENDATION.— N ot later than 1 year after its establishment, the Tobacco Product Scientific Advisory Committee shall submit to the Secretary the report and rec- ommendations re q uired pursuant to paragraph (1). ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to limit the Secretary ’ s authority to take action under this section or other sections of this Act applicable to menthol. ‘‘(f) DISSOLVABLE TOBACCO PRODUCTS.— ‘‘(1) REFERRAL; CONSIDERATIONS.—The Secretary shall refer to the Tobacco Products Scientific Advisory Committee for report and recommendation, under section 917(c)(4), the issue of the nature and impact of the use of dissolvable tobacco products on the public health, including such use among chil- dren. In its review, the Tobacco Products Scientific Advisory Committee shall address the considerations listed in subsection (a)(3)(B)(i). ‘‘(2) REPORT AND RECOMMENDATION.—Not later than 2 years after its establishment, the Tobacco Product Scientific Advisory Committee shall submit to the Secretary the report and recommendations required pursuant to paragraph (1). ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to limit the Secretary’s authority to take action under this section or other sections of this Act at any time applicable to any dissolvable tobacco product. ‘ ‘ SEC.908 . NOTIF IC A TION AN D OT H E R RE M EDIES. ‘‘(a) NOTIFICATION.—If the Secretary determines that— ‘‘(1) a tobacco product which is introduced or delivered for introduction into interstate commerce for commercial dis- tribution presents an unreasonable risk of substantial harm to the public health; and ‘‘(2) notification under this subsection is necessary to elimi- nate the unreasonable risk of such harm and no more prac- ticable means is available under the provisions of this chapter (other than this section) to eliminate such risk, the Secretary may issue such order as may be necessary to assure that adequate notification is provided in an appropriate form, by the persons and means best suited under the circumstances involved, to all persons who should properly receive such notification in order to eliminate such risk. The Secretary may order notification by any appropriate means, including public service announcements. 21USC387h.
