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15 USC CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO

HEALTH EDUCATION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

.

-HEAD-

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-MISC1-

Sec.

4401. Public education.

(a) Development.

(b) Assistance.

4402. Smokeless tobacco warning.

(a) General rule.

(b) Label format.

(c) Label display.

(d) Plan.

(e) Application.

(f) Television and radio advertising.

4403. Ingredient reporting.

(a) In general.

(b) Report.

4404. Enforcement, regulations, and construction.

(a) Enforcement.

(b) Regulations under section 4402 of this title.

(c) Construction.

4405. Injunctions.

4406. Preemption.

(a) Federal action.

(b) State and local action.

(c) Effect on liability law.

4407. Omitted.

4408. Definitions.

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15 USC Sec. 4401 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

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Sec. 4401. Public education

-STATUTE-

(a) Development

(1) The Secretary of Health and Human Services shall establish

and carry out a program to inform the public of any dangers to

human health resulting from the use of smokeless tobacco products.

In carrying out such program the Secretary shall -

(A) develop educational programs and materials and public

service announcements respecting the dangers to human health from

the use of smokeless tobacco;

(B) make such programs, materials, and announcements available

to States, local governments, school systems, the media, and such

other entities as the Secretary determines appropriate to further

the purposes of this chapter;

(C) conduct and support research on the effect of smokeless

tobacco on human health; and

(D) collect, analyze, and disseminate information and studies

on smokeless tobacco and health.

(2) In developing programs, materials, and announcements under

paragraph (1) the Secretary shall consult with the Secretary of

Education, medical and public health entities, consumer groups,

representatives of manufacturers of smokeless tobacco products, and

other appropriate entities.

(b) Assistance

The Secretary of Health and Human Services may provide technical

assistance and may make grants to States -

(1) to assist in the development of educational programs and

materials and public service announcements respecting the dangers

to human health from the use of smokeless tobacco,

(2) to assist in the distribution of such programs, materials,

and announcements throughout the States, and

(3) to establish 18 as the minimum age for the purchase of

smokeless tobacco.

-SOURCE-

(Pub. L. 99-252, Sec. 2, Feb. 27, 1986, 100 Stat. 30.)

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EFFECTIVE DATE

Section 11 of Pub. L. 99-252 provided that:

''(a) In General. - Except as provided in sections 3(f) and 5(b)

(sections 4402(f) and 4404(b) of this title) and subsection (b),

this Act (enacting this chapter and amending section 342 of Title

21, Food and Drugs) shall take effect one year after the date of

enactment of this Act (Feb. 27, 1986).

''(b) Exception. - Sections 2, 3(b), 3(c), 3(d), 3(e), 4(b), 7,

8, 9 (sections 4401, 4402(b) to (e), 4403(b), and 4406 to 4408 of

this title), and 10 (amending section 342 of Title 21) shall take

effect on the date of the enactment of this Act (Feb. 27, 1986).''

SHORT TITLE

Section 1 of Pub. L. 99-252 provided that: ''This Act (enacting

this chapter and amending section 342 of Title 21, Food and Drugs)

may be cited as the 'Comprehensive Smokeless Tobacco Health

Education Act of 1986'.''

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15 USC Sec. 4402 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-

Sec. 4402. Smokeless tobacco warning

-STATUTE-

(a) General rule

(1) It shall be unlawful for any person to manufacture, package,

or import for sale or distribution within the United States any

smokeless tobacco product unless the product package bears, in

accordance with the requirements of this chapter, one of the

following labels:

''WARNING: THIS PRODUCT MAY CAUSE MOUTH CANCER

''WARNING: THIS PRODUCT MAY CAUSE GUM DISEASE AND TOOTH LOSS

''WARNING: THIS PRODUCT IS NOT A SAFE ALTERNATIVE TO

CIGARETTES''.

(2) It shall be unlawful for any manufacturer, packager, or

importer of smokeless tobacco products to advertise or cause to be

advertised (other than through the use of outdoor billboard

advertising) within the United States any smokeless tobacco product

unless the advertising bears, in accordance with the requirements

of this chapter, one of the labels required by paragraph (1).

(b) Label format

The Federal Trade Commission shall issue regulations requiring

the label statement required by subsection (a) of this section to

appear -

(1) in the case of the smokeless tobacco product package -

(A) in a conspicuous and prominent place on the package, and

(B) in a conspicuous format and in conspicuous and legible

type in contrast with all other printed material on the

package, and

(2) in the case of advertising subject to subsection (a)(2) of

this section -

(A) in a conspicuous and prominent location in the

advertisement and in conspicuous and legible type in contrast

with all other printed material in the advertisement,

(B) in the following format:

<p>

<img src="http://uscode.house.gov/code03/images/t154402.gif"

width=378 height=410 alt="Warning Message">

<p>

(C) the label statement shall appear in capital letters and

the area of the circle and arrow shall be determined by the

Federal Trade Commission.

(c) Label display

The Federal Trade Commission shall issue regulations requiring

each label statement required by subsection (a) of this section to

-

(1) in the case of a smokeless tobacco product package, be

randomly displayed by each manufacturer, packager, or importer of

a smokeless tobacco product in each 12-month period in as equal a

number of times as is possible on each brand of the product and

be randomly distributed in all parts of the United States in

which such product is marketed, and

(2) in the case of any advertisement of a smokeless tobacco

product, be rotated every 4 months by each manufacturer,

packager, or importer of a smokeless tobacco product in an

alternating sequence in the advertisement for each brand of the

product.

(d) Plan

(1) Each manufacturer, packager, or importer of a smokeless

tobacco product shall submit a plan to the Federal Trade Commission

which specifies the method such manufacturer, packager, or importer

will use to rotate, display, and distribute the statements required

by subsection (a) of this section in accordance with the

requirements of subsections (b) and (c) of this section.

(2) The Federal Trade Commission shall approve a plan submitted

by a manufacturer, packager, or importer of a smokeless tobacco

product under paragraph (1) if such plan provides for the rotation,

display, and distribution on smokeless tobacco product packages and

advertisements of the statements required by subsection (a) of this

section in a manner which complies with this section and the

regulations promulgated pursuant to this section.

(e) Application

This section does not apply to a distributor or a retailer of any

smokeless tobacco product which does not manufacture, package, or

import smokeless tobacco products for sale or distribution within

the United States.

(f) Television and radio advertising

Effective 6 months after February 27, 1986, it shall be unlawful

to advertise smokeless tobacco on any medium of electronic

communications subject to the jurisdiction of the Federal

Communications Commission.

-SOURCE-

(Pub. L. 99-252, Sec. 3, Feb. 27, 1986, 100 Stat. 30.)

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EFFECTIVE DATE

Subsec. (a) effective one year after Feb. 27, 1986, and subsecs.

(b) to (e) effective Feb. 27, 1986, see section 11 of Pub. L.

99-252, set out as a note under section 4401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4404, 4405, 4406 of this

title.

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15 USC Sec. 4403 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-

Sec. 4403. Ingredient reporting

-STATUTE-

(a) In general

(1) Each person who manufactures, packages, or imports smokeless

tobacco products shall annually provide the Secretary with -

(A) a list of the ingredients added to tobacco in the

manufacture of smokeless tobacco products which does not identify

the company which uses the ingredients or the brand of smokeless

tobacco which contains the ingredients; and

(B) a specification of the quantity of nicotine contained in

each such product.

(2) A person or group of persons required to provide information

by this subsection may designate an individual or entity to provide

the information required by this subsection.

(b) Report

(1) At such times as the Secretary considers appropriate, the

Secretary shall transmit to the Congress a report, based on the

information provided under subsection (a) of this section,

respecting -

(A) a summary of research activities and proposed research

activities on the health effects of ingredients added to tobacco

in the manufacture of smokeless tobacco products and the findings

of such research;

(B) information pertaining to any such ingredient which in the

judgment of the Secretary poses a health risk to users of

smokeless tobacco; and

(C) any other information which the Secretary determines to be

in the public interest.

(2)(A) Any information provided to the Secretary under subsection

(a) of this section shall be treated as a trade secret or

confidential information subject to section 552(b)(4) of title 5

and shall not be revealed, except as provided in paragraph (1), to

any person other than those authorized by the Secretary in carrying

out their official duties under this section.

(B) Subparagraph (A) does not authorize the withholding of

information provided under subsection (a) of this section from any

duly authorized subcommittee or committee of the Congress. If a

subcommittee or committee of the Congress requests the Secretary to

provide it such information, the Secretary shall make the

information available to the subcommittee or committee and shall,

at the same time, notify in writing the person who provided the

information of such request.

(C) The Secretary shall establish written procedures to assure

the confidentiality of information provided under subsection (a) of

this section. Such procedures shall include the designation of a

duly authorized agent to serve as custodian of such information.

The agent -

(i) shall take physical possession of the information and, when

not in use by any person authorized to have access to such

information, shall store it in a locked cabinet or file; and

(ii) shall maintain a complete record of any person who

inspects or uses the information.

Such procedures shall require that any person permitted access to

the information shall be instructed in writing not to disclose the

information to anyone who is not entitled to have access to the

information.

-SOURCE-

(Pub. L. 99-252, Sec. 4, Feb. 27, 1986, 100 Stat. 32.)

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EFFECTIVE DATE

Subsec. (a) effective one year after Feb. 27, 1986, and subsec.

(b) effective Feb. 27, 1986, see section 11 of Pub. L. 99-252, set

out as a note under section 4401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4404, 4405 of this title.

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15 USC Sec. 4404 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

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Sec. 4404. Enforcement, regulations, and construction

-STATUTE-

(a) Enforcement

(1) A violation of section 4402 of this title or the regulations

promulgated pursuant to this chapter shall be considered a

violation of section 45 of this title.

(2) Any person who is found to violate any provision of section

4402 or 4403(a) of this title shall be guilty of a misdemeanor and

shall on conviction thereof be subject to a fine of not more than

$10,000.

(b) Regulations under section 4402 of this title

(1) Regulations issued by the Federal Trade Commission under

section 4402 of this title shall be issued in accordance with

section 553 of title 5.

(2) Not later than 180 days after February 27, 1986, the Federal

Trade Commission shall promulgate such regulations as it may

require to implement section 4402 of this title.

(c) Construction

Nothing in this chapter (other than the requirements of sections

4402 and 4403 of this title) shall be construed to limit, restrict,

or expand the authority of the Federal Trade Commission with

respect to unfair or deceptive acts or practices in the advertising

of smokeless tobacco products.

-SOURCE-

(Pub. L. 99-252, Sec. 5, Feb. 27, 1986, 100 Stat. 33.)

-MISC1-

EFFECTIVE DATE

Subsecs. (a) and (c) effective one year after Feb. 27, 1986, see

section 11(a) of Pub. L. 99-252, set out as a note under section

4401 of this title.

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15 USC Sec. 4405 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

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Sec. 4405. Injunctions

-STATUTE-

The several district courts of the United States are vested with

jurisdiction, for cause shown, to prevent and restrain violations

of sections 4402 and 4403 of this title upon application of the

Federal Trade Commission in the case of a violation of section 4402

of this title or upon application of the Attorney General of the

United States acting through the several United States attorneys in

their several districts in the case of a violation of section 4402

or 4403 of this title.

-SOURCE-

(Pub. L. 99-252, Sec. 6, Feb. 27, 1986, 100 Stat. 33.)

-MISC1-

EFFECTIVE DATE

Section effective one year after Feb. 27, 1986, see section 11(a)

of Pub. L. 99-252, set out as a note under section 4401 of this

title.

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15 USC Sec. 4406 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

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Sec. 4406. Preemption

-STATUTE-

(a) Federal action

No statement relating to the use of smokeless tobacco products

and health, other than the statements required by section 4402 of

this title, shall be required by any Federal agency to appear on

any package or in any advertisement (unless the advertisement is an

outdoor billboard advertisement) of a smokeless tobacco product.

(b) State and local action

No statement relating to the use of smokeless tobacco products

and health, other than the statements required by section 4402 of

this title, shall be required by any State or local statute or

regulation to be included on any package or in any advertisement

(unless the advertisement is an outdoor billboard advertisement) of

a smokeless tobacco product.

(c) Effect on liability law

Nothing in this chapter shall relieve any person from liability

at common law or under State statutory law to any other person.

-SOURCE-

(Pub. L. 99-252, Sec. 7, Feb. 27, 1986, 100 Stat. 34.)

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15 USC Sec. 4407 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

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Sec. 4407. Omitted

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CODIFICATION

Section, Pub. L. 99-252, Sec. 8, Feb. 27, 1986, 100 Stat. 34,

which required the Secretary of Health and Human Services and the

Federal Trade Commission to transmit biennial reports to Congress

on smokeless tobacco products, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, pages 95 and 173 of House Document No. 103-7.

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15 USC Sec. 4408 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-

Sec. 4408. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term ''smokeless tobacco'' means any finely cut,

ground, powdered, or leaf tobacco that is intended to be placed

in the oral cavity.

(2) The term ''commerce'' means (A) commerce between any State,

the District of Columbia, the Commonwealth of Puerto Rico, Guam,

the Virgin Islands, American Samoa, Wake Island, Midway Islands,

Kingman Reef, or Johnston Island and any place outside thereof;

(B) commerce between points in any State, the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, American Samoa, Wake Island, Midway Islands, Kingman

Reef, or Johnston Island, but through any place outside thereof;

or (C) commerce wholly within the District of Columbia, Guam, the

Virgin Islands, American Samoa, Wake Island, Midway Islands,

Kingman Reef, or Johnston Island.

(3) The term ''United States'', when used in a geographical

sense, includes the several States, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, the Virgin Islands, American

Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston

Island, and installations of the Armed Forces.

(4) The term ''package'' means a pack, box, carton, pouch, or

container of any kind in which smokeless tobacco products are

offered for sale, sold, or otherwise distributed to consumers.

(5) The term ''sale or distribution'' includes sampling or any

other distribution not for sale.

(6) The term ''Secretary'' means the Secretary of Health and

Human Services.

-SOURCE-

(Pub. L. 99-252, Sec. 9, Feb. 27, 1986, 100 Stat. 34.)

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