Page:United States Statutes at Large Volume 123.djvu/1807

 123STA T . 1 78 7 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 910 1 (a), 10 2, or 10 3 o fti t leI , title II, or title III of t h e F a m il yS mo k i ngP re v ention an dT o b a c co C ontrol A ct, s hall be con - str u ed to affect, e xp and, or limit the Secretary ’ s authority over (including the authority to determine w hether products may be regulated), or the regulation of, products under this Act that are not tobacco products under chapter V or any other chapter .‘ ‘(2) LIM I TA TI ON O F A U T H O R IT Y . — ‘‘(A) IN GE NERA L .—The provisions of this chapter shall not apply to tobacco leaf that is not in the possession of a manufacturer of tobacco products, or to the producers of tobacco leaf, including tobacco growers, tobacco ware- houses, and tobacco grower cooperatives, nor shall any employee of the Food and D rug Administration have any authority to enter onto a farm owned by a producer of tobacco leaf without the written consent of such producer. ‘‘( B ) EXC E P TION.— N otwithstanding subparagraph (A), if a producer of tobacco leaf is also a tobacco product manufacturer or controlled by a tobacco product manufac- turer, the producer shall be sub j ect to this chapter in the producer’s capacity as a manufacturer. The exception in this subparagraph shall not apply to a producer of tobacco leaf who grows tobacco under a contract with a tobacco product manufacturer and who is not otherwise engaged in the manufacturing process. ‘‘(C) R ULE OF CON S TRUCTION.—Nothing in this chapter shall be construed to grant the Secretary authority to promulgate regulations on any matter that involves the production of tobacco leaf or a producer thereof, other than activities by a manufacturer affecting production. ‘‘(d) RULEMA K ING PROCE D URES.—Each rulemaking under this chapter shall be in accordance with chapter 5 of title 5, U nited States Code. This subsection shall not be construed to affect the rulemaking provisions of section 102(a) of the Family Smoking Prevention and Tobacco Control Act. ‘‘(e) CENTER FOR TO B ACCO PRODUCTS.—Not later than 9 0 days after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, the Secretary shall establish within the Food and Drug Administration the Center for Tobacco Products, which shall report to the Commissioner of Food and Drugs in the same manner as the other agency centers within the Food and Drug Administration. The Center shall be responsible for the implementation of this chapter and related matters assigned by the Commissioner. ‘‘(f) O FFICE TO ASSIST SMALL TOBACCO PRODUCT M ANUFACTUR- ERS.—The Secretary shall establish within the Food and Drug Administration an identifiable office to provide technical and other nonfinancial assistance to small tobacco product manufacturers to assist them in complying with the re q uirements of this Act. ‘‘(g) CONSULTATION PRIOR TO RULEMAKING.—Prior to promul- gating rules under this chapter, the Secretary shall endeavor to consult with other Federal agencies as appropriate. ‘ ‘ SEC.902 . ADULT E R ATED T OB ACCO P RODUCTS. ‘‘A tobacco product shall be deemed to be adulterated if— ‘‘(1) it consists in whole or in part of any filthy, putrid, or decomposed substance, or is otherwise contaminated by any 21USC387b.Esta b li s hmen t. D ea d line. Establishment.