S.Amdt. 1252Senate111th Congress (2009-2011)

S.Amdt. 1252

What it does: Rewrites section 907(a)(4)(B)(ii) through clause (v)
Sponsored by Kay  R. HaganSen. Kay R. Hagan (D-NC)
Submitted June 3, 2009

What it changes

1 change to H.R. 1256

Rewrites a provision
  1. Rewrites section 907(a)(4)(B)(ii) through clause (v)

    ReplacesSection 907(a)(4)(B)(ii) of the Federal Food, Drug, and Cosmetic Act (as added by section 101(b))

    Removes section 907(a)(4)(B)(ii) through clause (v).

    Inserted: (ii) provisions for the testing in a laboratory located in the United States (on a sample basis or, if necessary, on an individual basis) of the tobacco product;

    Inserted: (iii) provisions for the measurement of the tobacco product characteristics of the tobacco product;

    Inserted: (iv) provisions requiring that the results of each or of certain of the tests of the tobacco product required to be made under clause (ii) show that the tobacco product is in conformity with the portions of the standard for which the test or tests were required; and

    Inserted: (v) a provision requiring that the sale and distribution of the tobacco product be restricted but only to the extent that the sale and distribution of a tobacco product may be restricted under a regulation under section 906(d);

    Inserted: (C) shall require all tobacco product testing on domestic and foreign manufacturers' products to be performed in a laboratory located in the United States to ensure compliance with Federal law;

    Original wording

    In section 907(a)(4) of the Federal Food, Drug, and Cosmetic Act (as added by section 101(b)), strike clause (ii) of subparagraph (B) and all that follows through clause (v) of such subparagraph, and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1252. Mrs. HAGAN submitted an amendment intended to be proposed by her to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

In section 907(a)(4) of the Federal Food, Drug, and Cosmetic Act (as added by section 101(b)), strike clause (ii) of subparagraph (B) and all that follows through clause (v) of such subparagraph, and insert the following:

“(ii) provisions for the testing in a laboratory located in the United States (on a sample basis or, if necessary, on an individual basis) of the tobacco product;

“(iii) provisions for the measurement of the tobacco product characteristics of the tobacco product;

“(iv) provisions requiring that the results of each or of certain of the tests of the tobacco product required to be made under clause (ii) show that the tobacco product is in conformity with the portions of the standard for which the test or tests were required; and

“(v) a provision requiring that the sale and distribution of the tobacco product be restricted but only to the extent that the sale and distribution of a tobacco product may be restricted under a regulation under section 906(d);

“(C) shall require all tobacco product testing on domestic and foreign manufacturers' products to be performed in a laboratory located in the United States to ensure compliance with Federal law;

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Senate amendment submitted

June 3, 2009