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21 U.S. Code § 387a-1. Final rule
(a) Cigarettes and smokeless tobacco
(1) In generalOn the first day of publication of the Federal Register that is 180 days or more after June 22, 2009, the Secretary of Health and Human Services shall publish in the Federal Register a final rule regarding cigarettes and smokeless tobacco, which—
(A)
is deemed to be issued under chapter 9 [1] of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 387 et seq.], as added by section 101 of this division; and
(B)
shall be deemed to be in compliance with all applicable provisions of chapter 5 of title 5 and all other provisions of law relating to rulemaking procedures.
(2) Contents of ruleExcept as provided in this subsection, the final rule published under paragraph (1),[2] shall be identical in its provisions to part 897 of the regulations promulgated by the Secretary of Health and Human Services in the August 28, 1996, issue of the Federal Register (61 Fed. Reg. 44615–44618). Such rule shall—
(A)
provide for the designation of jurisdictional authority that is in accordance with this subsection in accordance with this division and the amendments made by this division;
(B)
strike Subpart C—Labels and section 897.32(c);
(C)
strike paragraphs (a), (b), and (i) of section 897.3 and insert definitions of the terms “cigarette”, “cigarette tobacco”, and “smokeless tobacco” as defined in section 900 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 387];
(D)
insert “or roll-your-own paper” in section 897.34(a) after “other than cigarettes or smokeless tobacco”;
(E)
include such modifications to section 897.30(b), if any, that the Secretary determines are appropriate in light of governing First Amendment case law, including the decision of the Supreme Court of the United States in Lorillard Tobacco Co. v. Reilly (533 U.S. 525 (2001));
(F)
become effective on the date that is 1 year after June 22, 2009; and
(G)
amend paragraph (d) of section 897.16 to read as follows: