123STA T . 1 8 33 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9besu b j e ct t o t h e lim it a tio n s in section 103(q) an d shall be subject to p enalties applicable to a quali f ied adult - onl y facility . ( 7 ) CONGRES S I ON AL RE V IE WP ROVISIONS. —S ection 8 01 of title 5,U nited States Code, shall not apply to the final r ule published under para g raph (1). (b) L I M I T ATION ON AD VISOR YO PINIONS.—As of the date of enact- ment of this Act, the follo w ing documents issued by the F ood and D rug Administration shall not constitute ad v isory opinions under section 10.85(d)(1) of title 2 1, Code of Federal R egulations, e x cept as they apply to tobacco products, and shall not be cited by the Secretary of H ealth and Human Services or the Food and Drug Administration as binding precedent
(1) T he preamble to the proposed rule in the document titled ‘ ‘Regulations Restricting the Sale and Distribution of Cigarettes and Smo k eless Tobacco P roducts to Protect Children and Adolescents ’ ’( 6 0 Fed. Reg. 4 1314 – 41372 (August 11, 1 9 95)). (2) The document titled ‘‘ N icotine in Cigarettes and Smoke- less Tobacco Products is a Drug and These Products Are Nico- tine Delivery Devices Under the Federal Food, Drug, and Cos- metic Act’’ (60 Fed. Reg. 41453–41787 (August 11, 1995)). (3) The preamble to the final rule in the document titled ‘‘Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents’’ (61 Fed. Reg. 44396–44615 (August 28, 1996)). (4) The document titled ‘‘Nicotine in Cigarettes and Smoke- less Tobacco is a Drug and These Products are Nicotine Delivery Devices Under the Federal Food, Drug, and Cosmetic Act
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uris- dictional Determination’’ (61 Fed. Reg. 44619–45318 (August 28, 1996)). SEC.103 . C ONF O RMI N GA N D O TH ER AMENDMENTS TO GENERA LP RO V ISIONS. (a) AMENDMENT O F FEDERAL FOOD, DR U G, AND COSMETI C ACT.— E xcept as otherwise expressly provided, whenever in this section an amendment is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference is to a section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (b) SECTION 301.—Section 301 (21 U.S.C. 331) is amended— (1) in subsection (a), by inserting ‘‘tobacco product,’’ after ‘‘device,’’; (2) in subsection (b), by inserting ‘‘tobacco product,’’ after ‘‘device,’’; (3) in subsection (c), by inserting ‘‘tobacco product,’’ after ‘‘device,’’; (4) in subsection (e)— (A) by striking the period after ‘‘572(i)’’; and ( B ) by striking ‘‘or 761 or the refusal to permit access to’’ and inserting ‘‘761, 909, or 920 or the refusal to permit access to’’; (5) in subsection (g), by inserting ‘‘tobacco product,’’ after ‘‘device,’’; (6) in subsection (h), by inserting ‘‘tobacco product,’’ after ‘‘device,’’; (7) in subsection (j)— (A) by striking the period after ‘‘573’’; and
