§ 1335a. — List of cigarette ingredients; annual submission to Secretary; transmittal to Congress; confidentiality.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1335a]
TITLE 15--COMMERCE AND TRADE
CHAPTER 36--CIGARETTE LABELING AND ADVERTISING
Sec. 1335a. List of cigarette ingredients; annual submission to
Secretary; transmittal to Congress; confidentiality
(a) Each person who manufactures, packages, or imports cigarettes
shall annually provide the Secretary with a list of the ingredients
added to tobacco in the manufacture of cigarettes which does not
identify the company which uses the ingredients or the brand of
cigarettes which contain the ingredients. A person or group of persons
required to provide a list by this subsection may designate an
individual or entity to provide the list 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) of this section, respecting--
(A) a summary of research activities and proposed research
activities on the health effects of ingredients added to tobacco in
the manufacture of cigarettes and the findings of such research;
(B) information pertaining to any such ingredient which in the
judgement \1\ of the Secretary poses a health risk to cigarette
smokers; and
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\1\ So in original. Probably should be ``judgment''.
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(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) of this section shall be treated as trade secret or confidential
information subject to section 552(b)(4) of title 5 and section 1905 of
title 18 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 a list
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 a
list, the Secretary shall make the list available to the subcommittee or
committee and shall, at the same time, notify in writing the person who
provided the list 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 a 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.
Such procedures shall require that any person permitted access to the
information shall be instructed in writing not to disclose the
information to anyone who is not entitled to have access to the
information.
(Pub. L. 89-92, Sec. 7, as added Pub. L. 98-474, Sec. 5(a), Oct. 12,
1984, 98 Stat. 2203.)
Prior Provisions
A prior section 7 of Pub. L. 89-92 was renumbered section 8 and is
classified to section 1336 of this title.
Effective Date of 1984 Amendment
Section 5(b) of Pub. L. 98-474 provided that: ``Section 7 of the
Federal Cigarette Labeling and Advertising Act [this section] added by
subsection (a) shall take effect upon the expiration of the one-year
period beginning on the date of the enactment of this Act [Oct. 12,
1984].''
Section Referred to in Other Sections
This section is referred to in title 19 section 1681a.
