Sec. 766.
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/bill/119/hr/8646/rh/section-766·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Of the amounts made available in this Act under the heading Department of Health and Human Services—Food and Drug Administration—Salaries and Expenses that are derived from tobacco product user fees authorized by 21 U.S.C. 387s , 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 ), not limited to activities under section 801(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(a) ):
That not less than $20,000,000 of such amount shall be used to fund the activities of the Federal multi-agency ENDS Enforcement Task Force led by the Department of Justice, Department of Homeland Security, and the FDA, including partner agency activities, 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, other foreign countries, and domestic manufacturers conducting the “final assembly” of illegal products:
Provided, That the Commissioner is directed to enter into a Memorandum of Understanding with the Department of Justice and the Department of Homeland Security and other partner agencies to ensure that such task force is adequately resourced for
(1)increased criminal and civil litigation and law enforcement activities by FDA, the Department of Justice, and the Department of Homeland Security, and
(2)additional targeted inspections by FDA and Customs and Border Patrol at high-risk ports of entry into the United States. Provided further, Not later than November 12, 2026, the Commissioner of Food and Drugs shall update the FDA document titled Enforcement Priorities for Electronic Nicotine Delivery Systems
(ENDS)and Other Deemed Products on the Market Without Premarket Authorization , published in January 2020 and updated in April 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. The Commissioner of Food and Drugs shall submit a detailed report on funding and activities planned for enforcement activities within 60 days of enactment of this Act, and shall continue to submit 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 preventing all mis-declared ENDS products from entering the U.S. (including those that are properly declared and those that are improperly mis-declared at ports of entry) and in removing all illegal ENDS products from the market inside the U.S., including information specific to refusals, seizures, and disposition of illicit products; state support for enforcement efforts, including standardized reporting and communication channels; and educating retailers on which products may be legally marketed in the U.S.
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