Page:United States Statutes at Large Volume 123.djvu/1827

 123STA T . 1 807PUBLIC LA W 111 – 31 —J U NE 22, 200 9repo r t e dun der t his su b se c tion sh al l k eep a record o f such correction or re m o v al .‘ ‘ (2)EXCEPTION . —N o report of the corrective action or removal of a tobacco product ma y be re q uired under para g raph ( 1 ) if a report of the corrective action or removal is required and has been submitted under subsection (a). ‘ ‘ SEC.910 . AP P LI CA T I ONF O R RE V IE W OF CERTAIN TO B ACCO PRO D-U CTS. ‘‘(a) I N G ENE RAL .— ‘‘(1) NE W TO B ACCO PRO DU CT DE F INED.— F or purposes of this section the term ‘ne w tobacco product ’ means— ‘‘( A ) any tobacco product (including those products in test markets) that was not commercially marketed in the U nited S tates as of February 1 5, 2 0 0 7; or ‘‘( B ) any modification (including a change in design, any component, any part, or any constituent, including a smoke constituent, or in the content, delivery or form of nicotine, or any other additive or ingredient) of a tobacco product where the modified product was commercially mar - keted in the United States after February 15, 2007. ‘‘(2) P RE M AR K ET RE V IEW RE Q UIRED.— ‘‘(A) NEW PRODUCT S .—An order under subsection (c)(1)(A)(i) for a new tobacco product is required unless— ‘‘(i) the manufacturer has submitted a report under section 9 05( j ); and the Secretary has issued an order that the tobacco product— ‘‘(I) is substantially equivalent to a tobacco product commercially marketed (other than for test marketing) in the United States as of February 15, 2007; and ‘‘(II) is in compliance with the requirements of this Act; or ‘‘(ii) the tobacco product is e x empt from the requirements of section 905(j) pursuant to a regulation issued under section 905(j)( 3 ). ‘‘(B) APPLICATION TO CERTAIN POST-FEBRUAR Y15 , 20 0 7, PRODUCTS.—Subparagraph (A) shall not apply to a tobacco product— ‘‘(i) that was first introduced or delivered for introduction into interstate commerce for commercial distribution in the United States after February 15, 2007, and prior to the date that is 21 months after the date of enactment of the Family Smoking Preven- tion and T obacco C ontrol Act; and ‘‘(ii) for which a report was submitted under section 905(j) within such 21-month period, except that subparagraph (A) shall apply to the tobacco product if the Secretary issues an order that the tobacco product is not substantially equivalent. ‘‘(3) SUBSTANTIALLY EQUIVALENT DEFINED.— ‘‘(A) IN G ENERAL.—In this section and section 905(j), the term ‘substantially equivalent’ or ‘substantial equiva- lence’ means, with respect to the tobacco product being compared to the predicate tobacco product, that the Sec- retary by order has found that the tobacco product— 21USC387j.