Page:United States Statutes at Large Volume 123.djvu/1843

 123STA T . 1 8 23 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9thesmal lt ob a c co pr o du ct ma n u f acturer that the manufacturer shall not be cons i dered to be in v iolation of the testin g and reporting re q uirements of this section until the testing is reported or until 1y ear after the reporting deadline has passed ,w hichever occurs sooner .I f, however, the S ecretary has not made a finding before the reporting deadline, the manufacturer shall not be considered to be in violation of such requirements until the Secretary finds that the conditions described in para - graph (2) have not been met, or until 1 year after the reporting deadline, whichever occurs sooner. ‘ ‘( 4 ) AD D IT I ONALEX TEN S ION. — In addition to the time that may be provided under paragraph ( 3 ), the Secretary may pro- vide further e x tensions of time, in increments of no more than 1 year, for required testing and reporting to occur if the Sec- retary determines, based on evidence properly and timely sub- mitted by a small tobacco product manufacturer in accordance with paragraph (2), that a lac k of available laboratory capacity prevents the manufacturer from completing the required testing during the period described in paragraph (3). ‘‘(f) RU LEO FC ONST R U C TION.— N othing in subsection (d) or (e) shall be construed to authori z e the extension of any deadline, or to otherwise affect any timeframe, under any provision of this Act or the F amily Smoking P revention and T obacco Control Act other than this section. ‘ ‘ SEC.916 . PR ESER VATION O F STATE AN DL OCAL A U T H ORIT Y . ‘‘(a) IN G ENERAL.— ‘‘(1) PRESER V ATION.— E xcept as provided in paragraph (2)(A), nothing in this chapter, or rules promulgated under this chapter, shall be construed to limit the authority of a Federal agency (including the Armed Forces), a State or polit- ical subdivision of a State, or the government of an Indian tribe to enact, adopt, promulgate, and enforce any law, rule, regulation, or other measure with respect to tobacco products that is in addition to, or more stringent than, requirements established under this chapter, including a law, rule, regulation, or other measure relating to or prohibiting the sale, distribu- tion, possession, exposure to, access to, advertising and pro- motion of, or use of tobacco products by individuals of any age, information reporting to the State, or measures relating to fire safety standards for tobacco products. No provision of this chapter shall limit or otherwise affect any State, tribal, or local taxation of tobacco products. ‘‘(2) PREE MP TION OF CERTAIN STATE AND LOCAL RE Q UIRE- MENTS.— ‘‘(A) IN G ENERAL.—No State or political subdivision of a State may establish or continue in effect with respect to a tobacco product any requirement which is different from, or in addition to, any requirement under the provi- sions of this chapter relating to tobacco product standards, premarket review, adulteration, misbranding, labeling, reg- istration, good manufacturing standards, or modified risk tobacco products. ‘‘( B ) EXCEPTION.—Subparagraph (A) does not apply to requirements relating to the sale, distribution, possession, information reporting to the State, exposure to, access to, the advertising and promotion of, or use of, tobacco products 21USC387p.