Page:United States Statutes at Large Volume 123.djvu/1822

 123STA T . 1 80 2 PUBLIC LA W 111 – 31 —J U NE 22, 200 9‘ ‘ (2)REQUIR E M E NTSOF NOTI C E .—Anotice o fpr opo s e d r ul e -mak in g for t h e esta b lishment or amendment of a tobacco product standard for a tobacco product shall— ‘‘(A) set forth a finding w ith supporting j ustification that the tobacco product standard is appropriate for the protection of the public health ‘‘( B )in v ite interested persons to submit a draft or proposed tobacco product standard for consideration b y the S ecretary; ‘‘( C ) invite interested persons to submit comments on structuring the standard so that it does not advantage foreign-grown tobacco over domestically grown tobacco; and ‘‘( D ) invite the Secretary of Agriculture to provide any information or analysis which the Secretary of Agriculture believes is relevant to the proposed tobacco product standard. ‘‘( 3 ) F IN D IN G .—A notice of proposed rulemaking for the revocation of a tobacco product standard shall set forth a finding with supporting justification that the tobacco product standard is no longer appropriate for the protection of the public health. ‘‘( 4 ) COMMENT.— T he Secretary shall provide for a comment period of not less than 60 days. ‘‘(d) P ROMU L G A TION.— ‘‘( 1 ) I N GENERAL.—After the e x piration of the period for comment on a notice of proposed rulemaking published under subsection (c) respecting a tobacco product standard and after consideration of comments submitted under subsections (b) and (c) and any report from the Tobacco Products Scientific Advisory Committee , the Secretary shall— ‘‘(A) if the Secretary determines that the standard would be appropriate for the protection of the public health, promulgate a regulation establishing a tobacco product standard and publish in the Federal Register findings on the matters referred to in subsection (c); or ‘‘(B) publish a notice terminating the proceeding for the development of the standard together with the reasons for such termination. ‘‘(2) E FFECTI V E DATE.—A regulation establishing a tobacco product standard shall set forth the date or dates upon which the standard shall take effect, but no such regulation may take effect before 1 year after the date of its publication unless the Secretary determines that an earlier effective date is nec- essary for the protection of the public health. Such date or dates shall be established so as to minimi z e, consistent with the public health, economic loss to, and disruption or dislocation of, domestic and international trade. In establishing such effec- tive date or dates, the Secretary shall consider information submitted in connection with a proposed product standard by interested parties, including manufacturers and tobacco growers, regarding the technical achievability of compliance with the standard, and including information concerning the existence of patents that make it impossible to comply in the timeframe envisioned in the proposed standard. If the Secretary determines, based on the Secretary ’ s evaluation of submitted comments, that a product standard can be met only by manufac- turers re q uiring substantial changes to the methods of farming the domestically grown tobacco used by the manufacturer, the Publicat i on.N otic e . R e g ulation s . F e d e r al Register ,p ublication.