123STA T . 1 840PUBLIC LA W 111 – 31 —J U NE 22 , 200 9(i i )W i thresp e c tt oa retai l er that d oes n ot ha v e an approved trainin g progra m, the amo u nto f the civil penalt y shall not e x ceed — ( I ) in the case of the first violation, $250; (II) in the case of a second violation w ithin a 1 2 - month period, $500; (III) in the case of a third violation within a2 4 -month period, $1,000; (I V ) in the case of a fourth violation within a 24-month period, $2,000; (V) in the case of a fifth violation within a 36 -month period, $5,000; and (VI) in the case of a sixth or su b se q uent viola- tion within a 4 8 -month period, $10,000 as deter- mined by the S ecretary on a case-by-case basis . ( B ) TRAIN IN GP R O GRA M .— F or purposes of subparagraph ( A ), the term ‘ ‘approved training program ’ ’ means a training program that complies with standards developed by the Food and D rug Administration for such programs. ( C ) CON S I DE RA T ION O F STATE PENA L TIES.—The Sec- retary shall coordinate with the States in enforcing the provisions of this Act and, for purposes of mitigating a civil penalty to be applied for a violation by a retailer of any restriction promulgated under section 9 06(d), shall consider the amount of any penalties paid by the retailer to a State for the same violation. (3) G ENERAL EFFE C TI V E DATE.—The amendments made by paragraphs (2), (3), and (4) of subsection (c) shall ta k e effect upon the issuance of guidance described in paragraph (1) of this subsection. (4) SPECIAL EFFECTIVE DATE.—The amendment made by subsection (c)(1) shall take effect on the date of enactment of this Act. (5) P AC K AGE LA B EL RE QU IREMENTS.—The package label requirements of paragraphs (3) and (4) of section 903(a) of the Federal Food, Drug, and Cosmetic Act (as amended by this division) shall take effect on the date that is 12 months after the date of enactment of this Act. The package label requirements of paragraph (2) of such section 903(a) for ciga- rettes shall take effect on the date that is 15 months after the issuance of the regulations required by section 4(d) of the Federal Cigarette L abeling and Advertising Act (15 U .S.C. 1333), as amended by section 201 of this division. The package label requirements of paragraph (2) of such section 903(a) for tobacco products other than cigarettes shall take effect on the date that is 12 months after the date of enactment of this Act. The effective date 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 conform- ance with section 903(a) (2), (3), and (4) and section 920(a) of the Federal Food, Drug, and Cosmetic Act. (6) ADVERTISING REQUIREMENTS.—The advertising require- ments of section 903(a)(8) of the Federal Food, Drug, and Cos- metic Act (as amended by this division) shall take effect on 21USC387cnote. 21 USC 333 note. 21 USC 333 note.
