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

Summary

Manufacturers, packagers, and importers of smokeless tobacco must each year give the Secretary a list of the ingredients they add to make those products and a statement of how much nicotine is in each product. The ingredient list cannot name the company or the brand. A company or group may pick someone else to send the information for them. From time to time the Secretary will send Congress a report using that information. The report will summarize research, say if any ingredient seems to be a health risk, and include other public-interest details. The information companies give is treated as a trade secret or confidential under 5 U.S.C. 552(b)(4) and is only shown to people the Secretary authorizes for official work. Congress can request the information, and the Secretary must tell the provider if that happens. The Secretary must write rules to protect the data, appoint a custodian to keep it locked when not in use, and keep a full log of who looks at it.

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