15 U.S.C. § 1335a : US Code - Section 1335A: List of cigarette ingredients; annual submission to Secretary; transmittal to Congress; confidentiality
Search 15 U.S.C. § 1335a : US Code - Section 1335A: List of cigarette ingredients; annual submission to Secretary; transmittal to Congress; confidentiality
(a) Each person who manufactures, packages, or imports cigarettes
shall annually provide the Secretary with a list of the ingredients
added to tobacco in the manufacture of cigarettes which does not
identify the company which uses the ingredients or the brand of
cigarettes which contain the ingredients. A person or group of
persons required to provide a list by this subsection may designate
an individual or entity to provide the list required by this
subsection.
(b)(1) At such times as the Secretary considers appropriate, the
Secretary shall transmit to the Congress a report, based on the
information provided under subsection (a) of this section,
respecting -
(A) a summary of research activities and proposed research
activities on the health effects of ingredients added to tobacco
in the manufacture of cigarettes and the findings of such
research;
(B) information pertaining to any such ingredient which in the
judgement (!1) of the Secretary poses a health risk to cigarette
smokers; and
(C) any other information which the Secretary determines to be
in the public interest.
(2)(A) Any information provided to the Secretary under subsection
(a) of this section shall be treated as trade secret or
confidential information subject to section 552(b)(4) of title 5
and section 1905 of title 18 and shall not be revealed, except as
provided in paragraph (1), to any person other than those
authorized by the Secretary in carrying out their official duties
under this section.
(B) Subparagraph (A) does not authorize the withholding of a list
provided under subsection (a) of this section from any duly
authorized subcommittee or committee of the Congress. If a
subcommittee or committee of the Congress requests the Secretary to
provide it such a list, the Secretary shall make the list available
to the subcommittee or committee and shall, at the same time,
notify in writing the person who provided the list of such request.
(C) The Secretary shall establish written procedures to assure
the confidentiality of information provided under subsection (a) of
this section. Such procedures shall include the designation of a
duly authorized agent to serve as custodian of such information.
The agent -
(i) shall take physical possession of the information and, when
not in use by a person authorized to have access to such
information, shall store it in a locked cabinet or file, and
(ii) shall maintain a complete record of any person who
inspects or uses the information.
Such procedures shall require that any person permitted access to
the information shall be instructed in writing not to disclose the
information to anyone who is not entitled to have access to the
information.
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