Page:United States Statutes at Large Volume 99 Part 1.djvu/425

 PUBLIC LAW 99-92—AUG. 16, 1985 "(i) the number of cigarettes of such brand style sold in the fiscal year of the manufacturer or importer preceding the submission of the application is less than one-fourth of 1 percent of all the cigarettes sold in the United States in such year, and "(ii) more than one-half of the cigarettes manufactured or imported by such manufacturer or importer for sale in the United States are packaged into brand styles which meet the requirements of clause (i). If an application is approved by the Commission, the label rotation described in subparagraph (C) shall apply with respect to the applicant during the one-year period beginning on the date of the application approval. "(B) An applicant under subparagraph (A) shall include in its application a plan under which the label statements specified in paragraph (1) of subsection (a) will be rotated by the applicant manufacturer or importer in accordance with the label rotation described in subparagraph (C). "(C) Under the label rotation which a manufacturer or importer with an approved application may put into effect each of the labels specified in paragraph (1) of subsection (a) shall appear on the packages of each brand style of cigarettes with respect to which the application was approved an equal number of times within the twelve-month period beginning on the date of the approval by the Commission of the application.". (b) DEFINITION.—Section 3 of such Act (15 U.S.C. 1332) is amended by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following: "(8) The term 'brand style' means a variety of cigarettes distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the cigarette, filtration on the cigarette, or packaging.". (c) EFFECTIVE DATE.—

99 STAT. 403

98 Stat. 2204.

15 USC 1333

(1) The amendments made by subsection (a) shall take effect note. October 12, 1985, except that— (A) on and after the date of the enactment of this Act a manufacturer or importer of cigarettes may apply to the Federal Trade Commission to have the label rotation specified in section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as amended by subsection (a), apply to its brand styles of cigarettes and the Commission may take action on such an application, and (B) a manufacturer or importer of cigarettes may elect to have the amendments apply at an earlier date or dates selected by the manufacturer or importer. (2) The Federal Trade Commission may, upon application of a manufacturer or importer of cigarettes with an approved application under section 4(c)(2) of the Federal Cigarette Labeling and Advertising Act, as amended by subsection (a), extend the effective date specified in paragraph (1) to January 11, 1986. The Commission may approve an application for such an extension only if the Commission determines that the effective date specified in such paragraph (1) would cause unreasonable economic hardi^hip to the applicant. Section 4 of the Federal Cigarette Labeling and Advertising Act, as in effect before October 12, 98 Stat. 2201. 1985, shall apply with respect to a manufacturer or importer with an application approved under this paragraph.

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