§4403 — Title 15 Commerce and Trade | U.S. Code

Summary

Companies that make, pack, or bring in smokeless tobacco must each year give the Secretary two things: a list of the ingredients added when the product is made (the list must not name the company or brand), and the amount of nicotine in each product. They can have someone else send the information for them. The Secretary will send reports to Congress when needed that summarize research on health effects of those added ingredients, flag any ingredient the Secretary thinks is a health risk, and include other public-interest details. The information is treated as a trade secret or confidential under section 552(b)(4) of title 5 and kept from the public, except for the Congress reports and when an authorized Congressional committee asks for it (the Secretary must tell the provider in writing). The Secretary must write rules to protect the records, appoint a custodian to hold the files in a locked place, and keep a log of who looks at them.

Title 15, §4403

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)Each person who manufactures, packages, or imports smokeless tobacco products shall annually provide the Secretary with—

(A)a list of the ingredients added to tobacco in the manufacture of smokeless tobacco products which does not identify the company which uses the ingredients or the brand of smokeless tobacco which contains the ingredients; and

(B)a specification of the quantity of nicotine contained in each such product.

(2)A person or group of persons required to provide information by this subsection may designate an individual or entity to provide the information required by this subsection.

(b)(1)At such times as the Secretary considers appropriate, the Secretary shall transmit to the Congress a report, based on the information provided under subsection (a), respecting—

(A)a summary of research activities and proposed research activities on the health effects of ingredients added to tobacco in the manufacture of smokeless tobacco products and the findings of such research;

(B)information pertaining to any such ingredient which in the judgment of the Secretary poses a health risk to users of smokeless tobacco; and

(C)any other information which the Secretary determines to be in the public interest.

(2)(A)Any information provided to the Secretary under subsection (a) shall be treated as a trade secret or confidential information subject to section 552(b)(4) of title 5 and shall not be revealed, except as provided in paragraph (1), to any person other than those authorized by the Secretary in carrying out their official duties under this section.

(B)Subparagraph (A) does not authorize the withholding of information provided under subsection (a) of this section from any duly authorized subcommittee or committee of the Congress. If a subcommittee or committee of the Congress requests the Secretary to provide it such information, the Secretary shall make the information available to the subcommittee or committee and shall, at the same time, notify in writing the person who provided the information of such request.

(C)The Secretary shall establish written procedures to assure the confidentiality of information provided under subsection (a) of this section. Such procedures shall include the designation of a duly authorized agent to serve as custodian of such information. The agent—

(i)shall take physical possession of the information and, when not in use by any person authorized to have access to such information, shall store it in a locked cabinet or file; and

(ii)shall maintain a complete record of any person who inspects or uses the information.

Statutory Notes and Related Subsidiaries

Effective Date

Subsec. (a) effective one year after Feb. 27, 1986, and subsec. (b) effective Feb. 27, 1986, see section 11 of Pub. L. 99–252, set out as a note under section 4401 of this title.

§4403 Ingredient reporting

Summary

Title 15, §4403

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata