§ 4403. — Ingredient reporting.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4403]
TITLE 15--COMMERCE AND TRADE
CHAPTER 70--COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION
Sec. 4403. Ingredient reporting
(a) In general
(1) Each person who manufactures, packages, or imports smokeless
tobacco products shall annually provide the Secretary with--
(A) a list of the ingredients added to tobacco in the
manufacture of smokeless tobacco products which does not identify
the company which uses the ingredients or the brand of smokeless
tobacco which contains the ingredients; and
(B) a specification of the quantity of nicotine contained in
each such product.
(2) A person or group of persons required to provide information by
this subsection may designate an individual or entity to provide the
information required by this subsection.
(b) Report
(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 smokeless tobacco products and the findings of
such research;
(B) information pertaining to any such ingredient which in the
judgment of the Secretary poses a health risk to users of smokeless
tobacco; and
(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 a trade secret or confidential
information subject to section 552(b)(4) of title 5 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
information 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
information, the Secretary shall make the information available to the
subcommittee or committee and shall, at the same time, notify in writing
the person who provided the information 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 any 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. 99-252, Sec. 4, Feb. 27, 1986, 100 Stat. 32.)
Effective Date
Subsec. (a) effective one year after Feb. 27, 1986, and subsec. (b)
effective Feb. 27, 1986, see section 11 of Pub. L. 99-252, set out as a
note under section 4401 of this title.
Section Referred to in Other Sections
This section is referred to in sections 4404, 4405 of this title.
