Tobacco Product Establishment Registration and Submission of Certain Health Information
Revision of a currently approved collection
No
Regular
06/30/2026
Requested
Previously Approved
36 Months From Approved
04/30/2029
24,229
1,397
15,819
520
0
0
The Federal Food, Drug, and Cosmetic Act (FD&C Act), amended by the Tobacco Control Act of 2009, grants FDA the authority to regulate the manufacture, marketing, and distribution of tobacco products to protect the public health generally and to reduce tobacco use by minors. Section 905 of the FD&C Act requires the annual registration of any establishment in any State engaged in the manufacture, preparation, compounding, or processing of a tobacco product or tobacco products. Section 904 of the FD&C Act requires that each tobacco product manufacturer or importer submit a listing of all ingredients and additives that are added by the manufacturer to each tobacco product by brand and by quantity in each brand and sub brand. Section 904 also requires that a tobacco product manufacturer advise the FDA in writing prior to adding any new tobacco additive or increasing in quantity an existing tobacco additive. It also requires that a tobacco product manufacturer advise the FDA in writing prior to eliminating or decreasing an existing additive, or adding or increasing an additive designated by the FDA as not a human or animal carcinogen, or otherwise harmful to health under intended conditions of use.
The information collections in the proposed rule would represent a significant expansion of current section 905 requirements to registration and listing requirements for foreign owners and operators. Currently, only domestic owners and operators of establishments engaged in manufacturing, preparation, compounding, or processing of tobacco products are required to register their establishments and list their products with the FDA, while foreign owners and operators remain exempt from these requirements, creating a substantial information gap for the Agency.
This rule is accompanied with updated and improved online submission Forms FDA 3741 and Form FDA 3741b (submitted via TRLM-NG). With this rule, there would be a new associated burden for requesting a waiver from electronic format requirement. Submitters with an approved waiver would be able to submit by paper.
Additionally, the proposed rule will newly include a recordkeeping element encompassing historical file containing a copy of all consumer information, labeling, and advertisements in use as of the effective date of the rule for all tobacco products contained in the product list for four years. This requirement will be for both domestic and foreign establishments.
FDA estimates an overall increase in average hours per response associated with initial registration using Form FDA 3741 (from 100 minutes to 110 minutes), and the initial product listing spreadsheet (Form FDA 3741b) submission (from 20 minutes to 25 minutes) for domestic entities since the last extension of this collection. In addition, the increase in burden also reflects burden hours from foreign entities.
Adjustments - All adjustments are the result of a deliberate federal action.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.