Att 1c

-CITE-
15 USC CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO
HEALTH EDUCATION 01/05/2009

-EXPCITE-
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.
4402. Smokeless tobacco warning.
4403. Ingredient reporting.
4404. Enforcement, regulations, and construction.
4405. Injunctions.
4406. Preemption.
4407. Omitted.
4408. Definitions.

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-CITE-
15 USC Sec. 4401 01/05/2009

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TITLE 15 - COMMERCE AND TRADE
CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
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.)

-MISC1-
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'."

-End-

-CITE-
15 USC Sec. 4402 01/05/2009

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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/images/code08/t154402.gif" width=576 height=579 alt="Image of item"><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.)

-MISC1-
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.

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15 USC Sec. 4403 01/05/2009

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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.)

-MISC1-
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.

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15 USC Sec. 4404 01/05/2009

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TITLE 15 - COMMERCE AND TRADE
CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
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 01/05/2009

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TITLE 15 - COMMERCE AND TRADE
CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
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 01/05/2009

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TITLE 15 - COMMERCE AND TRADE
CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
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 01/05/2009

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TITLE 15 - COMMERCE AND TRADE
CHAPTER 70 - COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION

-HEAD-
Sec. 4407. Omitted

-COD-
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 01/05/2009

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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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