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21 U.S.C. § 387f–1 — Enforcement action plan for advertising and promotion restrictions
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387f–1
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Stable record: federal_law:legal_authorities:record_usc_ed9ce28a245917a71ec4547d
Source file: Laws/federal/codes/united-states-code/title-21/section-387f1-enforcement-action-plan-for-advertising-and-promotion-restrictions--96406796c7.md
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Source location: Title 21, Chapter 9, § 387f–1; chapter-009-federal-food-drug-and-cosmetic-act.md
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**(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 prevent underage tobacco use, the Secretary shall provide such assistance, including assistance with strategies to address the prevention of underage tobacco use in communities with a disproportionate use of menthol cigarettes by minors.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of quarterly fee** Beginning on June 22, 2009, the Secretary shall in accordance with this section assess user fees on, and collect such fees from, each manufacturer and importer of tobacco products subject to this subchapter. The fees shall be assessed and collected with respect to each quarter of each fiscal year, and the total amount assessed and collected for a fiscal year shall be the amount specified in subsection (b)(1) for such year, subject to subsection (c).
**(b) Assessment of user fee**
(1) **Amount of assessment** — The total amount of user fees authorized to be assessed and collected under subsection (a) for a fiscal year is the following, as applicable to the fiscal year involved:
(A) For fiscal year 2009, $85,000,000 (subject to subsection (e)).
(B) For fiscal year 2010, $235,000,000.
(C) For fiscal year 2011, $450,000,000.
(D) For fiscal year 2012, $477,000,000.
(E) For fiscal year 2013, $505,000,000.
(F) For fiscal year 2014, $534,000,000.
(G) For fiscal year 2015, $566,000,000.
(H) For fiscal year 2016, $599,000,000.
(I) For fiscal year 2017, $635,000,000.
(J) For fiscal year 2018, $672,000,000.
(K) For fiscal year 2019 and each subsequent fiscal year, $712,000,000.
(2) **Allocations of assessment by class of tobacco products**
(A) *In general* — The total user fees assessed and collected under subsection (a) each fiscal year with respect to each class of tobacco products shall be an amount that is equal to the applicable percentage of each class for the fiscal year multiplied by the amount specified in paragraph (1) for the fiscal year.
(B) *Applicable percentage*
(i) *In general* — For purposes of subparagraph (A), the applicable percentage for a fiscal year for each of the following
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387s
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387p
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any requirement established by or under section 387b, 387c, 387e, or 387i of this title applicable to a tobacco product shall apply to such tobacco product until the applicability of the requirement to the tobacco product has been changed by action taken under [section 387g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387g&num=0&edition=prelim), [section 387j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387j&num=0&edition=prelim), [section 387k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387k&num=0&edition=prelim), or subsection (d) of this section, and any requirement established by or under section 387b, 387c, 387e, or 387i of this title which is inconsistent with a requirement imposed on such tobacco product under [section 387g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387g&num=0&edition=prelim), [section 387j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387j&num=0&edition=prelim), [section 387k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section387k&num=0&edition=prelim), or subsection (d) of this section shall not apply to such tobacco product.
**(b) Information on public access and comment** Each notice of proposed rulemaking or other notification under section 387g, 387h, 387i, 387j, or 387k of this title or under this section, any other notice which is published in the Federal Register with respect to any other action taken under any such section and which states the reasons for such action, and each publication of findings required to be made in connection with rulemaking
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387f
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Additive** — The term “additive” means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristic of any tobacco product (including any substances intended for use as a flavoring or coloring or in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding), except that such term does not include tobacco or a pesticide chemical residue in or on raw tobacco or a pesticide chemical.
(2) **Brand** — The term “brand” means a variety of tobacco product distinguished by the tobacco used, tar content, nicotine content, flavoring used, size, filtration, packaging, logo, registered trademark, brand name, identifiable pattern of colors, or any combination of such attributes.
(3) **Cigarette** — The term “cigarette”—
(A) means a product that—
(i) is a tobacco product; and
(ii) meets the definition of the term “cigarette” in [section 1332(1) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1332/1&num=0&edition=prelim); and
(B) includes tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco.
(4) **Cigarette tobacco** — The term “cigarette tobacco” means any product that consists of loose tobacco that is intended for use by consumers in a cigarette. Unless otherwise stated, the requirements applicable to cigarettes under this subchapter shall also apply to cigarette tobacco.
(5) **Commerce** — The term “commerce” has the meaning giv
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 387
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.