Page:United States Statutes at Large Volume 123.djvu/1841

 123STA T . 1 8 21 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9tobac co pr o du ct sm a n u f actur e dandso l db y as i n g le tobacco product manufacturer t h at are identical in all respects e x cept the labels , pac k aging design, logo, trade dress, trademark, brand name, or any combination thereof, shall be considered as a single brand and ‘ ‘ (2) may re q uire that tobacco product manufacturers, pack - agers, or importers make disclosures relating to the results of the testing of tar and nicotine through labels or ad v ertising or other appropriate means, and make disclosures regarding the results of the testing of other constituents, including smoke constituents, ingredients, or additives, that the S ecretary deter- mines should be disclosed to the public to protect the public health and w ill not mislead consumers about the risk of tobacco- related disease . ‘‘(c) AUTHORI T Y . —T he Secretary shall have the authority under this chapter to conduct or to require the testing, reporting, or disclosure of tobacco product constituents, including smoke constitu- ents. ‘‘(d) S MAL LTO B A C CO P RO D UCT M A N U F ACTUR E R S .— ‘‘( 1 ) F IRST COM P LIANCE DATE.—The initial regulations promulgated under subsection (a) shall not impose require- ments on small tobacco product manufacturers before the later of— ‘‘(A) the end of the 2-year period following the final promulgation of such regulations; and ‘‘( B ) the initial date set by the Secretary for compliance with such regulations by manufacturers that are not small tobacco product manufacturers. ‘‘(2) TESTIN G AND REPORTING INITIAL COMPLIANCE PERIOD.— ‘‘(A) 4 -YEAR PERIOD.—The initial regulations promul- gated under subsection (a) shall give each small tobacco product manufacturer a 4-year period over which to conduct testing and reporting for all of its tobacco products. Sub j ect to paragraph (1), the end of the first year of such 4- year period shall coincide with the initial date of compliance under this section set by the Secretary with respect to manufacturers that are not small tobacco product manufac- turers or the end of the 2-year period following the final promulgation of such regulations, as described in para- graph (1)(A). A small tobacco product manufacturer shall be required— ‘‘(i) to conduct such testing and reporting for 2 5 percent of its tobacco products during each year of such 4-year period; and ‘‘(ii) to conduct such testing and reporting for its largest-selling tobacco products (as determined by the Secretary) before its other tobacco products, or in such other order of priority as determined by the Secretary. ‘‘(B) C ASE-BY-CASE DELAY.— N otwithstanding subpara- graph (A), the Secretary may, on a case-by-case basis, delay the date by which an individual small tobacco product manufacturer must conduct testing and reporting for its tobacco products under this section based upon a showing of undue hardship to such manufacturer. Notwithstanding the preceding sentence, the Secretary shall not extend the deadline for a small tobacco product manufacturer to con- duct testing and reporting for all of its tobacco products