Department of Health and Human Services January 7, 2009 – Federal Register Recent Federal Regulation Documents

This notice amends the uniform protocol for the analysis of nicotine, total moisture, and pH in smokeless tobacco products (``Protocol''). The Protocol, originally published in the Federal Register in 1999 (64 FR 14086) and revised in the Federal Register on March 14, 2008 (73 FR 13903), implements the requirement of the Comprehensive Smokeless Tobacco Health Education Act (CSTHEA) of 1986 (15 U.S.C. 4401 et seq., Pub. L. 99-252) that each person manufacturing, packaging, or importing smokeless tobacco products shall annually provide the Secretary of Health and Human Services (HHS) with a specification of the quantity of nicotine contained in each smokeless tobacco product. CDC re-published the notice in the Federal Register on June 23, 2008 (73 FR 35395) concerning the revision of the Protocol (1) To make a technical change to correct the date when the first report of information under the revised Protocol is due and (2) to solicit public comments concerning a change in the Protocol that increased the volume of water in the pH determination from 10 mL to 20 mL, and (3) to solicit public comments concerning the addition of the following commercial smokeless tobacco product categories: dry snuff portion packs, snus, snus portion packs, and pellet or compressed. This Notice also includes a summary of public comments and CDC's response to them. The Protocol as published in the Federal Register on March 14, 2008 (73 FR 13903), remains in effect with the technical correction to the date as described in the Federal Register notice published on June 23, 2008 (73 FR 35395).