Page:United States Statutes at Large Volume 123.djvu/1840

 123STA T . 1 8 2 0PUBLIC LA W 111 – 31 —J U NE 22, 200 9‘ ‘ (d)OTHERR E M E DI E S.—Ther e m ed i e sp r ov ided f ori nt his se c- tion sh al l b e in addition to , and not in lie u of, an y other remedies provided by la w. ‘‘(e) RE GULA TI ON S AND ORDERS M UST RE C ITE B ASIS IN RECORD.—To facilitate j udicial review, a re g ulation or order issued under section 906 ,90 7 ,90 8, 909,9 1 0, or 916 shall contain a statement of the reasons for the issuance of such regulation or order in the record of the proceedings held in connection with its issuance. ‘ ‘ SEC.913 .E QUALTR EAT M E N T OF RETA I L OUTLETS. ‘‘The S ecretary shall issue regulations to re q uire that retail establishments for which the predominant business is the sale of tobacco products comply with any advertising restrictions applicable to retail establishments accessible to individuals under the age of 18. ‘‘SEC. 91 4 . J URIS D ICTION OF AND COORDINATION W IT H THE FEDERAL TRADE COMMISSION. ‘‘(a) J URISDICTION.— ‘‘(1) I N GENERAL.— Ex cept where expressly provided in this chapter, nothing in this chapter shall be construed as limiting or diminishing the authority of the F ederal Trade C ommission to enforce the laws under its jurisdiction with respect to the advertising, sale, or distribution of tobacco products. ‘‘( 2 )EN F ORCEMENT.— A ny advertising that violates this chapter or a provision of the regulations referred to in section 102 of the Family Smo k ing P revention and Tobacco Control Act, is an unfair or deceptive act or practice under section 5 (a) of the Federal Trade Commission Act and shall be consid- ered a violation of a rule promulgated under section 18 of that Act. ‘‘(b) COORDINATION.— W ith respect to the requirements of sec- tion 4 of the Federal Cigarette L abeling and Advertising Act and section 3 of the Comprehensive Smokeless Tobacco H ealth Edu- cation Act of 1986— ‘‘(1) the Chairman of the Federal Trade Commission shall coordinate with the Secretary concerning the enforcement of such Act as such enforcement relates to unfair or deceptive acts or practices in the advertising of cigarettes or smokeless tobacco and ‘‘(2) the Secretary shall consult with the Chairman of such Commission in revising the label statements and requirements under such sections. ‘‘SEC. 91 5 .RE G ULATION REQUIREMENT. ‘‘(a) TESTING, RE P ORTING, AND D ISCLOSURE.— N ot later than 36 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act, the Secretary shall promulgate regulations under this Act that meet the requirements of subsection (b). ‘‘(b) CONTENTS OF RULES.—The regulations promulgated under subsection (a)— ‘‘(1) shall require testing and reporting of tobacco product constituents, ingredients, and additives, including smoke constituents, by brand and subbrand that the Secretary deter- mines should be tested to protect the public health, provided that, for purposes of the testing requirements of this paragraph, 21USC387o. Co nsulta t i on. 21 USC 387n. Reg ulations. 21 USC 387 m . Statement.