123STA T . 1 850PUBLIC LA W 111 – 31 —J U NE 22 , 200 9‘ ‘ (4)RETAIL E RS.—This s ub s ect i onap p l iestoa r etailer onl y i f that retailer is responsible for or d irects the label state m ents re q uired under this section. ’ ’. TI T LE III —PR E V E N TI O NO F ILLI C IT TR AD EINTO B ACCO PROD U CT SSEC.301 . LAB EL ING,R EC O R DK EE P ING, RECORDS INSPEC T ION. C hapter IX of the F ederal Food ,D ru g , and Cosmetic A ct, as added by section 10 1, is further amended by adding at the end the follo w ing
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‘SEC. 92 0. LABELING, RECORDKEEPING, RECORDS INSPECTION. ‘‘(a) O RI G I NL A B ELING.— ‘‘(1) RE QU IRE M ENT.— B eginning 1 year after the date of enactment of the Family S mo k ing P re v ention and Tobacco Con - trol Act, the label, packaging, and shipping containers of tobacco products other than cigarettes for introduction or delivery for introduction into interstate commerce in the U nited States shall bear the statement ‘sale only allowed in the United States’. Beginning 1 5 months after the issuance of the regula- tions required by section 4(d) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1 3 33), as amended by section 2 01 of Family Smoking Prevention and Tobacco Control Act, the label, packaging, and shipping containers of cigarettes for introduction or delivery for introduction into interstate com- merce in the United States shall bear the statement ‘Sale only allowed in the United States’. ‘‘(2) EF FE C TI V E D ATE.—The effective date specified in para- graph (1) shall be with respect to the date of manufacture, provided that, in any case, beginning 30 days after such effec- tive 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 conformance with such paragraph. ‘‘(b) REGULATI O NS CONCERNING RECORD K EE P ING FOR TRACKING AND TRACING.— ‘‘(1) IN GENERAL.—The Secretary shall promulgate regula- tions regarding the establishment and maintenance of records by any person who manufactures, processes, transports, distrib- utes, receives, packages, holds, e x ports, or imports tobacco prod- ucts. ‘‘(2) INSPECTION.—In promulgating the regulations described in paragraph (1), the Secretary shall consider which records are needed for inspection to monitor the movement of tobacco products from the point of manufacture through distribution to retail outlets to assist in investigating potential illicit trade, smuggling, or counterfeiting of tobacco products. ‘‘(3) CODES.—The Secretary may require codes on the labels of tobacco products or other designs or devices for the purpose of tracking or tracing the tobacco product through the distribu- tion system. ‘‘(4) SI Z E OF BUSINESS.—The Secretary shall take into account the si z e of a business in promulgating regulations under this section. Ef f ectiv e da te s.21USC387 t. Ap p l ica b ilit y .
