Sec. 3. Product standards for vapor product batteries
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Section 907 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g ) and any related provisions of such Act shall apply with respect to a vapor product battery to the same extent and in the same manner as such section 907 and related provisions apply with respect to a component of a tobacco product. Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue a notice of proposed rulemaking to establish product standards for vapor product batteries pursuant to section 907 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g ).
Not later than 24 months after the date of enactment of this Act, the Secretary shall promulgate the vapor product battery standards required by this section. For any vapor product (including those products in test markets) that has a battery and is commercially marketed in the United States as of the date by which final standards are required to be promulgated under subsection (b)(2), the Secretary of Health and Human Services, based on any change to the battery for the purpose of conforming to such final standards, shall not— require the submission of a report under section 905(j) of such Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387e(j) ); or treat such vapor product as a new tobacco product for which an order is required under section 910(c)(1)(A)(i) of such Act ( 21 U.S.C. 387j(c)(1)(A)(i) ).
In this section, the term vapor product has the meaning given to such term in section 921(f) of the Federal Food, Drug, and Cosmetic Act, as added by section 4 of this Act.
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