Page:United States Statutes at Large Volume 123.djvu/1817

 123STA T . 1 79 7 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 09 oft o bac co pr o du ct s, s h a l lb e co n s i dered as adult -w ritten publications which shall be per m itted to contain ad v er- tisin g.N otwithstanding the preceding sentence, if the S ec- retar y finds that such treatment of matchboo k sisnot appropriate for the protection of the public health, the Secretary may determine by regulation that matchbooks shall not be considered adult-written publications. ‘ ‘ (4)REMOT E SAL ES. — ‘‘( A ) ING ENE R AL.— T he Secretary shall— ‘‘(i) within 18 months after the date of enactment of the F amily Smoking P revention and Tobacco C ontrol Act, promulgate regulations regarding the sale and distribution of tobacco products that occur through means other than a direct, face-to-face e x change between a retailer and a consumer in order to prevent the sale and distribution of tobacco products to individ- uals who have not attained the minimum age estab- lished by applicable law for the purchase of such prod- ucts, including re q uirements for age verification and ‘‘(ii) within 2 years after such date of enactment, issue regulations to address the promotion and mar- keting of tobacco products that are sold or distributed through means other than a direct, face-to-face exchange between a retailer and a consumer in order to protect individuals who have not attained the min- imum age established by applicable law for the pur- chase of such products. ‘‘( B ) RELAT I ONTOOT H ERA U THORIT Y .—Nothing in this paragraph limits the authority of the Secretary to take additional actions under the other paragraphs of this sub- section. ‘‘(e) G OO DM ANU F A C TURING PRACTICE RE Q UIREMENTS.— ‘‘(1) METHODS, FACILITIES, AND CONTROLS TO CONFORM.— ‘‘(A) IN GENERAL.—In applying manufacturing restric- tions to tobacco, the Secretary shall, in accordance with subparagraph (B), prescribe regulations (which may differ based on the type of tobacco product involved) requiring that the methods used in, and the facilities and controls used for, the manufacture, preproduction design validation (including a process to assess the performance of a tobacco product), packing, and storage of a tobacco product conform to current good manufacturing practice, or ha z ard analysis and critical control point methodology, as prescribed in such regulations to assure that the public health is pro- tected and that the tobacco product is in compliance with this chapter. Such regulations may provide for the testing of raw tobacco for pesticide chemical residues regardless of whether a tolerance for such chemical residues has been established. ‘‘(B) REQUIREMENTS.—The Secretary shall— ‘‘(i) before promulgating any regulation under subparagraph (A), afford the Tobacco Products Sci- entific Advisory Committee an opportunity to submit recommendations with respect to the regulation pro- posed to be promulgated; Recom me nda-ti on s. Re gul ations. D eadlines. Regulations.