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21 U.S.C. § 387p — Preservation of State and local authority

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 387p — Preservation of State and local authority

**(a) In general** (1) **Preservation** — Except as provided in paragraph (2)(A), nothing in this subchapter, or rules promulgated under this subchapter, shall be construed to limit the authority of a Federal agency (including the Armed Forces), a State or political subdivision of a State, or the government of an Indian tribe to enact, adopt, promulgate, and enforce any law, rule, regulation, or other measure with respect to tobacco products that is in addition to, or more stringent than, requirements established under this subchapter, including a law, rule, regulation, or other measure relating to or prohibiting the sale, distribution, possession, exposure to, access to, advertising and promotion of, or use of tobacco products by individuals of any age, information reporting to the State, or measures relating to fire safety standards for tobacco products. No provision of this subchapter shall limit or otherwise affect any State, tribal, or local taxation of tobacco products. (2) **Preemption of certain State and local requirements** (A) *In general* — No State or political subdivision of a State may establish or continue in effect with respect to a tobacco product any requirement which is different from, or in addition to, any requirement under the provisions of this subchapter relating to tobacco product standards, premarket review, adulteration, misbranding, labeling, registration, good manufacturing standards, or modified risk tobacco products. (B) *Exception* — Subparagraph (A) does not apply to requirements relating to the sale, distribution, possession, information reporting to the State, exposure to, access to, the advertising and promotion of, or use of, tobacco products by individuals of any age, or relating to fire safety standards for tobacco product

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Stable record: federal_law:legal_authorities:record_usc_35b3e1ab020fec8d6dfbc7ea
Source file: Laws/federal/codes/united-states-code/title-21/section-387p-preservation-of-state-and-local-authority--3651ef03fa.md
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Source location: Title 21, Chapter 9, § 387p; chapter-009-federal-food-drug-and-cosmetic-act.md

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**(a) In general** (1) **Preservation** — Except as provided in paragraph (2)(A), nothing in this subchapter, or rules promulgated under this subchapter, shall be construed to limit the authority of a Federal agency (including the Armed Forces), a State or political subdivision of a State, or the government of an Indian tribe to enact, adopt, promulgate, and enforce any law, rule, regulation, or other measure with respect to tobacco products that is in addition to, or more stringent than, requirements established under this subchapter, including a law, rule, regulation, or other measure relating to or prohibiting the sale, distribution, possession, exposure to, access to, advertising and promotion of, or use of tobacco products by individuals of any age, information reporting to the State, or measures relating to fire safety standards for tobacco products. No provision of this subchapter shall limit or otherwise affect any State, tribal, or local taxation of tobacco products. (2) **Preemption of certain State and local requirements** (A) *In general* — No State or political subdivision of a State may establish or continue in effect with respect to a tobacco product any requirement which is different from, or in addition to, any requirement under the provisions of this subchapter relating to tobacco product standards, premarket review, adulteration, misbranding, labeling, registration, good manufacturing standards, or modified risk tobacco products. (B) *Exception* — Subparagraph (A) does not apply to requirements relating to the sale, distribution, possession, information reporting to the State, exposure to, access to, the advertising and promotion of, or use of, tobacco products by individuals of any age, or relating to fire safety standards for tobacco products. Information disclosed to a State under subparagraph (A) that is exempt from disclosure under [section 552(b)(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/4&num=0&edition=prelim) shall be treated as a trade secret and confidential information by the State. **(b) Rule of construction regarding product liability** No provision of this subchapter relating to a tobacco product shall be construed to modify or otherwise affect any action or the liability of any person under the product liability law of any State.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 387f–1 — Enforcement action plan for advertising and promotion restrictions

**(a) Action plan** (1) **Development** — Not later than 6 months after June 22, 2009, the Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall develop and publish an action plan to enforce restrictions adopted pursuant to [section 387f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387f&num=0&edition=prelim), as added by section 101(b) of this division, or pursuant to [section 387a–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387a–1/a&num=0&edition=prelim), on promotion and advertising of menthol and other cigarettes to youth. (2) **Consultation** — The action plan required by paragraph (1) shall be developed in consultation with public health organizations and other stakeholders with demonstrated expertise and experience in serving minority communities. (3) **Priority** — The action plan required by paragraph (1) shall include provisions designed to ensure enforcement of the restrictions described in paragraph (1) in minority communities. **(b) State and local activities** (1) **Information on authority** — Not later than 3 months after June 22, 2009, the Secretary shall inform State, local, and tribal governments of the authority provided to such entities under [section 1334(c) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1334/c&num=0&edition=prelim), as added by section 203 of this division, or preserved by such entities under [section 387p of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387p&num=0&edition=prelim), as added by section 101(b) of this division. (2) **Community assistance** — At the request of communities seeking assistance to

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 387p — Preservation of State and local authority

Page 693 TITLE 21—FOOD AND DRUGS § 387p (4) Joint laboratory testing services The Secretary shall allow any 2 or more small tobacco product manufacturers to join together to purchase laboratory testing serv- ices required by this section on a group basis in order to ensure that such manufacturers re- ceive access to, and fair pricing of, such test- ing services. (e) Extensions for limited laboratory capacity (1) In general The regulations promulgated under sub- section (a) shall provide that a small tobacco product manufacturer shall not be considered to be in violation of this section before the deadline applicable under paragraphs (3) and (4), if— (A) the tobacco products of such manufac- turer are in compliance with all other re- quirements of this subchapter; and (B) the conditions described in paragraph (2) are met. (2) Conditions Notwithstanding the requirements of this section, the Secretary may delay the date by which a small tobacco product manufacturer must be in compliance with the testing and re- porting required by this section until such time as the testing is reported if, not later than 90 days before the deadline for reporting in accordance with this section, a small to- bacco product manufacturer provides evidence to the Secretary demonstrating that— (A) the manufacturer has submitted the required products for testing to a laboratory and has done so sufficiently in advance of the deadline to create a reasonable expecta- tion of completion by the deadline; (B) the products currently are awaiting testing by the laboratory; and (C) neither that laboratory nor any other laboratory is able to complete testing by the deadline at customary, nonexpedited testing fees. (3) Extension The Secretary, taking into account the lab- or

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