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OCR Page 1 of 65O:\BAI\BAI98.192
S.L.C.
2
1
(3) OTHER DEFINITIONS.-Section 201 (21
2
U.S.C. 321) is amended by adding at the end the
3
following:
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"(kk) The term 'tobacco product' means any product
5 made or derived from tobacco leaf made for human con-
6 sumption including cigarettes, cigarillos, cigarette tobacco,
7 cigars, little cigars, pipe tobacco, and smokeless tobacco,
8 and roll-your-own tobacco.
9
(b) REGULATORY AUTHORITY.-Section 503(g) (21
10 U.S.C. 353(g)) is amended by adding at the end the fol-
11 lowing:
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"(5) The Secretary may regulate any tobacco product
13 as a drug, device, or both, and may designate the office
14 of the Administration that shall be responsible for regulat-
15 ing such products.".
16
(c) DEVICES.-Section 520(e)(1) (21 U.S.C.
17 360j(e)(1)) is amended by striking "or use-" and insert-
18 ing or use, including restrictions on the access to, and the
19 advertising and promotion of, tobacco products-".
20
(d) MISBRANDING.-Section 502 (21 U.S.C. 360) is
21 amended by adding at the end the following:
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"(u) In the case of a tobacco product, it is sold, dis-
23 tributed, advertised, or labeled in violation of this Act or
24 the regulations promulgated under this Act.".
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