Sec. 733.

348 words·~2 min read·/bill/118/hr/9027/rh/section-733

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

None of the funds made available by this Act, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, may be used by the Secretary of Health and Human Services to finalize, issue, or implement any rule, regulation, notice of proposed rulemaking, or order setting any tobacco product standard that would: 1) prohibit menthol in cigarettes or prohibit characterizing flavors in all cigars and their components and parts; or 2) mandate a maximum nicotine level for cigarettes, until the FDA: updates its “Guidance for Industry on its Enforcement Priorities” published in January 2020 and updated in April 2020, to expand its prioritized enforcement to flavored disposable ENDS products in addition to cartridge-based products (on pages 10-11 and 18) and to define “disposable ENDS product” on page 9;

Center for Tobacco Products

(CTP)issues a final rule requiring Foreign Manufacturer Registration (RIN #0910-AH59); FDA coordinates with Customs and Border Protection

(CBP)and U.S. Postal Service

(USPS)to prevent importation of any deemed product unless the product is on a list FDA prepares and transmits to CBP consisting of

(a)products with MGOs,

(b)products that received MDOs but that have been and remain stayed by the Secretary or through court order, rescinded by the Secretary, or vacated by a court, and

(c)products with PMTAs pending review since on or before September 9, 2020, and further that FDA requires that no such product may be imported without the manufacturer or importer identifying the PMTA or STN number associated with the product; Publicly disclose the authorized list to manufacturers, wholesalers, and retailers, with instructions to cease the distribution, sale, and/or marketing of any deemed product not on the list; Issue Import Alerts to help address the importation of tobacco products that appear to be in violation of applicable laws; and Submit a quarterly written report to the Committees on Appropriations of the House and Senate on the progress the Center for Tobacco Products is making in removing all non-compliant nicotine products from the market.