Sec. 4. Regulation of vapor products
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Chapter IX of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 920 of such Act ( 21 U.S.C. 387t ) the following: The authorities vested in the Secretary by this section to regulate vapor products are in addition to, not in lieu of, the authorities vested in the Secretary by other sections of this Act to regulate vapor products as tobacco products. The manufacturer, distributor, or retailer of a vapor product shall not disseminate or cause to be disseminated advertising or labeling of the vapor product in a newspaper, magazine, periodical or other publication (whether periodic or limited distribution), other than an adult publication.
In this subsection, the term adult publication means a newspaper, magazine, periodical, or other publication— whose readers younger than 18 years of age constitute 15 percent or less of the total readership as measured by competent and reliable survey evidence; and that is read by fewer than 2 million persons younger than 18 years of age as measured by competent and reliable survey evidence. A retailer may sell vapor products only in a direct face-to-face exchange. Paragraph
(1)does not apply— to mail order sales; or to sales by means of a vending machine or self-service display that is located in a facility where the retailer ensures that no person under 18 years of age is present or permitted to enter at any time. A violation of this subsection shall be subject to a civil penalty under section 303(f)(9) to the same extent and in the same manner as a violation of any requirement of this Act which relates to a tobacco product. Not later than 12 months after the date of enactment of the FDA Deeming Authority Clarification Act of 2017 , the Secretary shall promulgate final regulations to require packages of vapor products to bear a label containing— the phrase Keep Out of Reach of Children ; the phrase Underage Sale Prohibited ; and if the vapor product includes nicotine in a solution or other form at the time of sale, an accurate statement of the nicotine content. A vapor product whose label is in violation of paragraph
(1)is deemed to be a misbranded tobacco product under section 903. Every person who owns or operates an establishment in any State engaged in the retail sale of a vapor product shall register that establishment with the Secretary by the later of— 60 days after the date of the enactment of the FDA Deeming Authority Clarification Act of 2017 ; and 30 days after first engaging in such retail sale. The requirements of this subsection do not apply with respect to any establishment subject to an active registration or retail license under— any State law relating to tobacco products; or section 905. The Secretary shall make available for inspection, to any person so requesting, any registration filed under this subsection. In this section: The term vapor product — means any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, to produce vapor from nicotine in a solution or other form; and includes— any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device that is intended to produce vapor from nicotine in a solution of other form; and nicotine in a solution or other form, whether in a cartridge or container or otherwise dispensed, that is intended to be used with or in a product described in clause (i). The term vapor product does not include any product regulated as a drug or device under chapter V. . Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: The disseminating or causing to be disseminated, by a manufacturer, distributor, or retailer of a vapor product, advertising or labeling of the vapor product in violation of section 921(b). The failure of a person who owns or operates an establishment in any State engaged in the retail sale of a vapor product to register as required by section 921(e). .
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