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H.R. 1256 (giving FDA authority to regulate tobacco) approved by the House

2 April, 2009

Title of the bill: Family Smoking Prevention and Tobacco Control Act

It is intended to be an “AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT.”

Look at this exclusion in the definition of what an additive is.

(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. (emphasis mine)

Here are what I think of as the interesting sections after the terms are defined:

SEC. 901. FDA AUTHORITY OVER TOBACCO PRODUCTS.

`(a) In General- Tobacco products, including modified risk tobacco products for which an order has been issued in accordance with section 911, shall be regulated by the Secretary under this chapter and shall not be subject to the provisions of chapter V.
`(b) Applicability- This chapter shall apply to all cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco and to any other tobacco products that the Secretary by regulation deems to be subject to this chapter.

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