§387t Labeling, Recordkeeping, Records Inspection

Summary

Tobacco products sold into U.S. interstate commerce must be labeled to show they are for sale only in the United States. For products other than cigarettes, that labeling had to start one year after June 22, 2009. For cigarettes, it must start 15 months after the federal regulations required by section 1333(d) of title 15, as amended by section 201 of the Family Smoking Prevention and Tobacco Control Act, are issued. The deadline applies to the date the product was made, and 30 days after the effective date manufacturers may not put any product into U.S. commerce unless it follows the rule. The Secretary must make rules requiring people in the tobacco supply chain (makers, processors, transporters, distributors, receivers, packagers, holders, exporters, importers) to keep records so products can be tracked from manufacture to retail. The rules can require codes on labels, must consider business size, and cannot force retailers to record individual buyers. If the Secretary suspects smuggling, illicit trade, or counterfeits, designated officers may inspect and copy needed records with proper ID and written notice. Manufacturers or distributors who know or should know a product left their control and may have been moved without required taxes or diverted for illicit marketing must promptly notify the Attorney General and the Secretary of the Treasury. The Secretary will consult with those officials as needed.