§ 387t. Labeling, recordkeeping, records inspection

730 words·~3 min read·/usc/title-21/section-387t

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

(a)Origin labeling

(1)Requirement Beginning 1 year after June 22, 2009, the label, packaging, and shipping containers of tobacco products other than cigarettes for introduction or delivery for introduction into interstate commerce in the United States shall bear the statement “sale only allowed in the United States”. Beginning 15 months after the issuance of the regulations required by section 1333(d) of title 15, as amended by section 201 of Family 1 Smoking Prevention and Tobacco Control Act, the label, packaging, and shipping containers of cigarettes for introduction or delivery for introduction into interstate commerce in the United States shall bear the statement “Sale only allowed in the United States”.

(2)Effective date The effective date specified in paragraph

(1)shall be with respect to the date of manufacture, provided that, in any case, beginning 30 days after such effective date, a manufacturer shall not introduce into the domestic commerce of the United States any product, irrespective of the date of manufacture, that is not in conformance with such paragraph.

(b)Regulations concerning recordkeeping for tracking and tracing

(1)In general The Secretary shall promulgate regulations regarding the establishment and maintenance of records by any person who manufactures, processes, transports, distributes, receives, packages, holds, exports, or imports tobacco products.

(2)Inspection In promulgating the regulations described in paragraph (1), the Secretary shall consider which records are needed for inspection to monitor the movement of tobacco products from the point of manufacture through distribution to retail outlets to assist in investigating potential illicit trade, smuggling, or counterfeiting of tobacco products.

(3)Codes The Secretary may require codes on the labels of tobacco products or other designs or devices for the purpose of tracking or tracing the tobacco product through the distribution system.

(4)Size of business The Secretary shall take into account the size of a business in promulgating regulations under this section.

(5)Recordkeeping by retailers The Secretary shall not require any retailer to maintain records relating to individual purchasers of tobacco products for personal consumption.

(c)Records inspection If the Secretary has a reasonable belief that a tobacco product is part of an illicit trade or smuggling or is a counterfeit product, each person who manufactures, processes, transports, distributes, receives, holds, packages, exports, or imports tobacco products shall, at the request of an officer or employee duly designated by the Secretary, permit such officer or employee, at reasonable times and within reasonable limits and in a reasonable manner, upon the presentation of appropriate credentials and a written notice to such person, to have access to and copy all records (including financial records) relating to such article that are needed to assist the Secretary in investigating potential illicit trade, smuggling, or counterfeiting of tobacco products. The Secretary shall not authorize an officer or employee of the government of any of the several States to exercise authority under the preceding sentence on Indian country without the express written consent of the Indian tribe involved.

(d)Knowledge of illegal transaction

(1)Notification If the manufacturer or distributor of a tobacco product has knowledge which reasonably supports the conclusion that a tobacco product manufactured or distributed by such manufacturer or distributor that has left the control of such person may be or has been—

(A)imported, exported, distributed, or offered for sale in interstate commerce by a person without paying duties or taxes required by law; or

(B)imported, exported, distributed, or diverted for possible illicit marketing,

the manufacturer or distributor shall promptly notify the Attorney General and the Secretary of the Treasury of such knowledge.

(2)Knowledge defined For purposes of this subsection, the term “knowledge” as applied to a manufacturer or distributor means—

(A)the actual knowledge that the manufacturer or distributor had; or

(B)the knowledge which a reasonable person would have had under like circumstances or which would have been obtained upon the exercise of due care.

(e)Consultation In carrying out this section, the Secretary shall consult with the Attorney General of the United States and the Secretary of the Treasury, as appropriate.

(June 25, 1938, ch. 675, § 920, as added Pub. L. 111–31, div. A, title III, § 301, June 22, 2009, 123 Stat. 1850.)

Connections32 cite this · traces to 1

Cited by 32 sections · top 29

U.S. Code

statutes-at-large

Public Law 111–31
To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees’ Retirement S

bill

Traces to 1 document

U.S. Code

Labeling
§ 1333

5 references not yet in our index

1
June 25, 1938, ch. 675, § 920
Pub. L. 111–31, div. A, title III, § 301
123 Stat. 1850
section 201 of div. A of Pub. L. 111–31

Citation graph

cites case law

§ 387t

Labeling, recordkeeping, records inspection

Fed. Reg.×21

Bills×5

U.S.C.×5

Stat.×1

U.S.C.§ 1333

Cite1

ActJune 25, 1938, ch. 675, § 920

Pub. L.Pub. L. 111–31, div. A, title III, § 301

Stat.123 Stat. 1850

Pub. L.section 201 of div. A of Pub. L. 111–31

Cites 6Cited by 32 across 4 sources