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was, either on the date of enactment of this Act, or at any time after the date of enactment of this
Act_
(A) prohibited by this Act;
(B) prohibited by any regulation promulgated by the Food and Drug Administration that applies
to tobacco products; or
(C) prohibited by any other statute.
(2) The tobacco product manufacturer executing the protocol will contract with only such
distributors and retailers who have operated in compliance with the applicable provisions of
Federal, State, or local law regarding the marketing and sale of tobacco products and who agree
to comply with advertising and marketing provisions in paragraph (3).
(3) The tobacco product manufacturer executing the protocol will be bound in marketing
tobacco products by the following provisions, whether or not these provisions have legal force
and effect against manufacturers who are not signatories to the protocol_
(A) the advertising and marketing provisions of part 897 of title 21, Code of Federal
Regulations, that were published in the Federal Register on August 28, 1996, and which shall be
adopted and incorporated as independent terms of the protocol;
(B) the requirements of section 1404; and
(C) the requirements of section 1405.
(4) The tobacco product manufacturer executing the protocol will make any payments to the
National Tobacco Trust Fund in title IV that are required to be made under that title or in any
other title of this Act.
(5) The tobacco product manufacturer executing the protocol will be bound by the provisions of
title IV, and any other title of this Act with respect to payments required under title IV, without
regard to whether those provisions have legal force and effect against manufacturers who have
not become signatories.
(6) The tobacco product manufacturer executing the protocol will make the industry-wide and
manufacturer-specific look-back assessment payments that may be required under title II.
(7) The tobacco product manufacturer executing the protocol will be bound by the provisions of
title II that require a manufacturer to make look-back assessments, and any other title of this Act
with respect to such assessments, without regard to whether such terms have legal force and
effect against manufacturers who have not become signatories.
(8) The tobacco product manufacturer executing the protocol will, within 180 days after the date
of enactment of this Act and in conjunction with other participating tobacco product
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"ocrText": "was, either on the date of enactment of this Act, or at any time after the date of enactment of this\nAct_\n(A) prohibited by this Act;\n(B) prohibited by any regulation promulgated by the Food and Drug Administration that applies\nto tobacco products; or\n(C) prohibited by any other statute.\n(2) The tobacco product manufacturer executing the protocol will contract with only such\ndistributors and retailers who have operated in compliance with the applicable provisions of\nFederal, State, or local law regarding the marketing and sale of tobacco products and who agree\nto comply with advertising and marketing provisions in paragraph (3).\n(3) The tobacco product manufacturer executing the protocol will be bound in marketing\ntobacco products by the following provisions, whether or not these provisions have legal force\nand effect against manufacturers who are not signatories to the protocol_\n(A) the advertising and marketing provisions of part 897 of title 21, Code of Federal\nRegulations, that were published in the Federal Register on August 28, 1996, and which shall be\nadopted and incorporated as independent terms of the protocol;\n(B) the requirements of section 1404; and\n(C) the requirements of section 1405.\n(4) The tobacco product manufacturer executing the protocol will make any payments to the\nNational Tobacco Trust Fund in title IV that are required to be made under that title or in any\nother title of this Act.\n(5) The tobacco product manufacturer executing the protocol will be bound by the provisions of\ntitle IV, and any other title of this Act with respect to payments required under title IV, without\nregard to whether those provisions have legal force and effect against manufacturers who have\nnot become signatories.\n(6) The tobacco product manufacturer executing the protocol will make the industry-wide and\nmanufacturer-specific look-back assessment payments that may be required under title II.\n(7) The tobacco product manufacturer executing the protocol will be bound by the provisions of\ntitle II that require a manufacturer to make look-back assessments, and any other title of this Act\nwith respect to such assessments, without regard to whether such terms have legal force and\neffect against manufacturers who have not become signatories.\n(8) The tobacco product manufacturer executing the protocol will, within 180 days after the date\nof enactment of this Act and in conjunction with other participating tobacco product"
}