Page:United States Statutes at Large Volume 123.djvu/1852

 123STA T . 1 8 32 PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9‘ ‘ (I I )abr a nd na meoth er than i n c on ju nction w ith word sf or an area or enc l osure to identif y an adult - only facility or ‘‘(III) any combination of words that would im p ly to a reasonable obser v er that the manufacturer , distributor, or retailer has a sponsorship that would violate section 897.34 (c). ‘‘( D ) Distribution of samples of smo k eless tobacco under this subpara g raph permitted to be taken out of the q ualified adult- only facility shall be limited to 1 package per adult consumer containing no more than 0 . 5 3 ounces (15 grams) of smokeless tobacco. If such package of smokeless tobacco contains individual portions of smokeless tobacco, the individual portions of smokeless tobacco shall not e x ceed 8 individual portions and the collective weight of such individual portions shall not exceed 0.53 ounces (15 grams). A ny manufacturer, distributor, or retailer who distrib- utes or causes to be distributed free samples also shall take reason- able steps to ensure that the above amounts are limited to one such package per adult consumer per day. ‘‘(3) N otwithstanding subparagraph ( 2 ), no manufacturer, dis- tributor, or retailer may distribute or cause to be distributed any free samples of smokeless tobacco — ‘‘(A) to a sports team or entertainment group; or ‘‘( B ) at any football, basketball, baseball, soccer, or hockey event or any other sporting or entertainment event determined by the S ecretary to be covered by this subparagraph. ‘‘(4) T he Secretary shall implement a program to ensure compli- ance with this paragraph and submit a report to the C ongress on such compliance not later than 18 months after the date of enactment of the F amily Smoking P revention and Tobacco Control Act. ‘‘(5) Nothing in this paragraph shall be construed to authori z e any person to distribute or cause to be distributed any sample of a tobacco product to any individual who has not attained the minimum age established by applicable law for the purchase of such product. ’ ’. (3) A MEND MEN TS T ORUL E.—Prior to making amendments to the rule published under paragraph (1), the Secretary shall promulgate a proposed rule in accordance with chapter 5 of title 5, U nited States Code. (4) R ULE O FC ONSTRUCT I ON.— E xcept as provided in para- graph (3), nothing in this section shall be construed to limit the authority of the Secretary to amend, in accordance with chapter 5 of title 5, United States Code, the regulation promul- gated pursuant to this section, including the provisions of such regulation relating to distribution of free samples. (5) ENFORCEMENT OF RET A IL SALE P RO V ISIONS.—The Sec- retary of H ealth and Human Services shall ensure that the provisions of this division, the amendments made by this divi- sion, and the implementing regulations (including such provi- sions, amendments, and regulations relating to the retail sale of tobacco products) are enforced with respect to the United States and Indian tribes. ( 6 ) Q UALIFIED ADULT-ONL Y FACILITY.—A qualified adult- only facility (as such term is defined in section 897.16(d) of the final rule published under paragraph (1)) that is also a retailer and that commits a violation as a retailer shall not Penalti e s.R e por ts. D ea d line.