Browse Arkansas Code titles and sections
21 U.S.C. § 387l — Judicial review
Federal law — U.S. Code and appendices · legal_authorities
**(a) Right to review**
(1) **In general** — Not later than 30 days after—
(A) the promulgation of a regulation under [section 387g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387g&num=0&edition=prelim) establishing, amending, or revoking a tobacco product standard; or
(B) a denial of an application under [section 387j(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387j/c&num=0&edition=prelim),
any person adversely affected by such regulation or denial may file a petition for judicial review of such regulation or denial with the United States Court of Appeals for the District of Columbia or for the circuit in which such person resides or has their principal place of business.
(2) **Requirements**
(A) *Copy of petition* — A copy of the petition filed under paragraph (1) shall be transmitted by the clerk of the court involved to the Secretary.
(B) *Record of proceedings* — On receipt of a petition under subparagraph (A), the Secretary shall file in the court in which such petition was filed—
(i) the record of the proceedings on which the regulation or order was based; and
(ii) a statement of the reasons for the issuance of such a regulation or order.
(C) *Definition of record* — In this section, the term “record” means—
(i) all notices and other matter published in the Federal Register with respect to the regulation or order reviewed;
(ii) all information submitted to the Secretary with respect to such regulation or order;
(iii) proceedings of any panel or advisory committee with respect to such regulation or order;
(iv) any hearing held with respect to such regulation or order; and
(v) any other information identified by the
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387l
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 3c472f2a68c9c4a25ed8237eccbce8914d968a7f710655dcc7065314b89b9661. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_48c12d813fb4ddb8313fc3c8
Source file: Laws/federal/codes/united-states-code/title-21/section-387l-judicial-review--51397015bc.md
Pages: Not recorded – Not recorded
Passage SHA-256: 7e61c84fdf47b36d77a57c90a88657f2d7d867683f8f6bb0f34b12a5f3abe4f3
Source location: Title 21, Chapter 9, § 387l; chapter-009-federal-food-drug-and-cosmetic-act.md
Stored source content
**(a) Right to review**
(1) **In general** — Not later than 30 days after—
(A) the promulgation of a regulation under [section 387g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387g&num=0&edition=prelim) establishing, amending, or revoking a tobacco product standard; or
(B) a denial of an application under [section 387j(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387j/c&num=0&edition=prelim),
any person adversely affected by such regulation or denial may file a petition for judicial review of such regulation or denial with the United States Court of Appeals for the District of Columbia or for the circuit in which such person resides or has their principal place of business.
(2) **Requirements**
(A) *Copy of petition* — A copy of the petition filed under paragraph (1) shall be transmitted by the clerk of the court involved to the Secretary.
(B) *Record of proceedings* — On receipt of a petition under subparagraph (A), the Secretary shall file in the court in which such petition was filed—
(i) the record of the proceedings on which the regulation or order was based; and
(ii) a statement of the reasons for the issuance of such a regulation or order.
(C) *Definition of record* — In this section, the term “record” means—
(i) all notices and other matter published in the Federal Register with respect to the regulation or order reviewed;
(ii) all information submitted to the Secretary with respect to such regulation or order;
(iii) proceedings of any panel or advisory committee with respect to such regulation or order;
(iv) any hearing held with respect to such regulation or order; and
(v) any other information identified by the Secretary, in the administrative proceeding held with respect to such regulation or order, as being relevant to such regulation or order.
**(b) Standard of review** Upon the filing of the petition under subsection (a) for judicial review of a regulation or order, the court shall have jurisdiction to review the regulation or order in accordance with chapter 7 of title 5 and to grant appropriate relief, including interim relief, as provided for in such chapter. A regulation or denial described in subsection (a) shall be reviewed in accordance with [section 706(2)(A) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706/2/A&num=0&edition=prelim).
**(c) Finality of judgment** The judgment of the court affirming or setting aside, in whole or in part, any regulation or order shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in [section 1254 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254&num=0&edition=prelim).
**(d) Other remedies** The remedies provided for in this section shall be in addition to, and not in lieu of, any other remedies provided by law.
**(e) Regulations and orders must recite basis in record** To facilitate judicial review, a regulation or order issued under section 387f, 387g, 387h, 387i, 387j, or 387p of this title shall contain a statement of the reasons for the issuance of such regulation or order in the record of the proceedings held in connection with its issuance.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Special rules**
(A) *Special rule for cigarettes* — Beginning 3 months after June 22, 2009, a cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke. Nothing in this subparagraph shall be construed to limit the Secretary’s authority to take action under this section or other sections of this chapter applicable to menthol or any artificial or natural flavor, herb, or spice not specified in this subparagraph.
(B) *Additional special rule* — Beginning 2 years after June 22, 2009, a tobacco product manufacturer shall not use tobacco, including foreign grown tobacco, that contains a pesticide chemical residue that is at a level greater than is specified by any tolerance applicable under Federal law to domestically grown tobacco.
(2) **Revision of tobacco product standards** — The Secretary may revise the tobacco product standards in paragraph (1) in accordance with subsection (c).
(3) **Tobacco product standards**
(A) *In general* — The Secretary may adopt tobacco product standards in addition to those in paragraph (1) if the Secretary finds that a tobacco product standard is appropriate for the protection of the public health.
(B) *Determinations*
(i) *Considerations* — In making a finding described in subparagraph (A), the Secretary shall consider scientific evidence concerning—
(I) the risks and benefits to the population as a whole,
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387g
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1254
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 691
TITLE 21—FOOD AND DRUGS
§ 387n
387s of this title, and the Secretary may extend or re-
duce the duration of one or more such time periods, ex-
cept that no such period shall be extended for more
than 90 days, see section 6 of Pub. L. 111–31, set out as
a note under section 387 of this title.
§ 387l. Judicial review
(a) Right to review
(1) In general
Not later than 30 days after—
(A) the promulgation of a regulation under
section
387g
of
this
title
establishing,
amending, or revoking a tobacco product
standard; or
(B) a denial of an application under section
387j(c) of this title,
any person adversely affected by such regula-
tion or denial may file a petition for judicial
review of such regulation or denial with the
United States Court of Appeals for the District
of Columbia or for the circuit in which such
person resides or has their principal place of
business.
(2) Requirements
(A) Copy of petition
A copy of the petition filed under para-
graph (1) shall be transmitted by the clerk of
the court involved to the Secretary.
(B) Record of proceedings
On receipt of a petition under subpara-
graph (A), the Secretary shall file in the
court in which such petition was filed—
(i) the record of the proceedings on
which the regulation or order was based;
and
(ii) a statement of the reasons for the
issuance of such a regulation or order.
(C) Definition of record
In this section, the term ‘‘record’’ means—
(i) all notices and other matter published
in the Federal Register with respect to the
regulation or order reviewed;
(ii) all information submitted to the Sec-
retary with respect to such regulation or
order;
(iii) proceedings of any panel or advisory
committee with respect to such regulation
or order;
(iv) any hearing held wit
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 387l
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.