1
So in original. Probably should be “are”.
Prior Provisions
A prior section 906 of act June 25, 1938, was renumbered section 1006 and is classified to section 396 of this title.
Amendments
2019—Subsec. (d)(3)(A)(ii). [Pub. L. 116–94, § 603(a)(1)], substituted “21 years” for “18 years”.
Subsec. (d)(5). [Pub. L. 116–94, § 603(a)(2)], added par. (5).
Statutory Notes and Related Subsidiaries
Regulations
[Pub. L. 116–94, div. N, title I, § 603(b)], Dec. 20, 2019, [133 Stat. 3123], provided that:“(1)
In general.—
Not later than 180 days after the date of enactment of this Act [
Dec. 20, 2019], the Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) shall publish in the Federal Register a final rule to update the regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act (
21 U.S.C. 387 et seq.) as appropriate, only to carry out the amendments made by subsection (a) [amending this section], including to update all references to persons younger than 18 years of age in subpart B of part 1140 of title 21, Code of Federal Regulations, and to update the relevant age verification requirements under such part 1140 to require age verification for individuals under the age of 30. Such final rule shall—
“(A)
take full effect not later than 90 days after the date on which such final rule is published; and
“(B)
be deemed to be in compliance with all applicable provisions of chapter 5 of title 5, United States Code[,] and all other provisions of law relating to rulemaking procedures.
“(2)
Other regulations.—
Prior to making amendments to part 1140 of title 21, Code of Federal Regulations[,] other than the amendments described in paragraph (1), the Secretary shall promulgate a proposed rule in accordance with chapter 5 of title 5, United States Code.”
Modification of Deadlines for Secretarial Action
With respect to any time periods specified in an amendment by div. A of [Pub. L. 111–31] that begin on June 22, 2009, within which the Secretary of Health and Human Services is required to carry out and complete specified activities, with certain limitations, the calculation of such time periods shall commence on the first day of the first fiscal quarter following the initial 2 consecutive fiscal quarters of fiscal year 2010 for which the Secretary has collected fees under section 387s of this title, and the Secretary may extend or reduce the duration of one or more such time periods, except that no such period shall be extended for more than 90 days, see [section 6 of Pub. L. 111–31], set out as a note under section 387 of this title.