§387a Fda Authority Over Tobacco Products

Summary

The Secretary must regulate tobacco products under this part of the law. That includes cigarettes, cigarette tobacco, roll-your-own tobacco, smokeless tobacco, any other products the Secretary says belong here, and products that have nicotine but are not made from tobacco. Products for which a modified-risk order was issued are also covered. These rules do not apply to loose tobacco leaf that is not held by a manufacturer, or to tobacco growers, warehouses, or grower cooperatives. FDA staff cannot enter a farm without the grower’s written permission. If a leaf producer is also a tobacco product manufacturer or is controlled by one, the producer is treated as a manufacturer. A farmer who only grows under contract and does not do manufacturing is not covered. Rulemakings must follow the usual federal rulemaking law in chapter 5 of title 5 and do not change section 102(a) of the Family Smoking Prevention and Tobacco Control Act. Within 90 days after June 22, 2009, the Secretary had to create a Center for Tobacco Products to run this program and report to the Commissioner. The FDA must also set up an office to give small tobacco makers technical, nonmoney help. Before making rules, the Secretary should try to consult other federal agencies.