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Code · BILL · 119th Congress · H.R. 4121 (Reported in House) — Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs... · Sec. 733

Sec. 733.

332 words·~2 min read·/bill/119/hr/4121/rh/section-733

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Out of the funds provided by this Act to the Food and Drug Administration (in this section referred to as the ‘‘FDA’’), or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, not less than $200,000,000 shall be used by the Commissioner of Food and Drugs for enforcement activities related to e-cigarettes, vapes, and other electronic nicotine delivery systems (in this section referred to as ‘‘ENDS’’), including— updating the FDA document titled ‘‘Enforcement Priorities for Electronic Nicotine Delivery System
(ENDS)and Other Deemed Products on the Market Without Premarket Authorization’’, published in January 2020 and updated on April 13, 2020— to expand FDA’s prioritized enforcement to flavored disposable ENDS products in addition to cartridge-based products; and to define the term ‘‘disposable ENDS product’’; preparing and making publicly available on the FDA website a list of products, to be updated monthly, that have— received marketing granted orders pursuant to section 910(c)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 4 387j(c)(1)(A)(i)); received marketing denial orders pursuant to section 910(c) of such Act (21 U.S.C. 7 387j(c)) that have been and remain stayed by the Secretary or through court order, rescinded by the Secretary, or vacated by a court; or submitted a premarket tobacco product application pursuant to section 910(b) of such Act ( 21 U.S.C. 387j(b) ), which remains pending review since on or before September 9, 2020; continuing the activities of the Federal multi-agency task force led by the Department of Justice and the FDA to further work to bring all available criminal and civil tools to bear against the illegal manufacture, importation, distribution, and sale of e-cigarettes, vapes, and other ENDS products from the Republic of China and other foreign countries; and submitting a semi-annual written report to the Committees on Appropriations of both Houses of Congress on the progress that the Center for Tobacco Products is making in removing all illegal ENDS products from the market.
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  • 21 USC 4
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