Sadly, it looks like it was removed from the spending bill
E-cigarettes big loser in spending bill
It appears that is the case.
The 'new' section 747 in the spending bill (which was the section in the Ag bill that contained the changed grandfather date):
SEC. 747. None of the funds made available by this
10 Act may be used to implement, administer, or enforce the
11 final rule entitled ‘‘Food Labeling; Nutrition Labeling of
12 Standard Menu Items in Restaurants and Similar Retail
13 Food Establishments’’ published by the Food and Drug
14 Administration in the Federal Register on December 1,
15 2014 (79 Fed. Reg. 71156 et seq.) until the later of—
16 (1) December 1, 2016; or
17 (2) the date that is one year after the date on
18 which the Secretary of Health and Human Services
19 publishes Level 1 guidance with respect to nutrition
20 labeling of standard menu items in restaurants and
21 similar retail food establishments in accordance with
22 paragraphs (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and
23 (g)(1)(iv) of section 10.115 of title 21, Code of Fed24
eral Regulations.
No mention of the Tobacco Control Act. And the 'old section 747' in the Ag bill HR 3049:
Sec. 747. For each tobacco product which the Secretary of Health and Human Services, by regulation under section 901(b) of the Federal Food, Drug, and Cosmetic Act, deems to be subject to chapter IX of such Act, none of the funds made available in this Act or any other Act may be used to treat any reference in sections 905 and 910 of such Act to February 15, 2007, as other than a reference to the effective date of the regulation under which a tobacco product is deemed subject to the requirements of such Act pursuant to section 901(b)(1) of such Act, and any reference in such sections to 21 months after the date of enactment of the Family Smoking Prevention and Tobacco Control Act as other than a reference to 21 months after the date of such final deeming regulation.
Some mentions of Tobacco:
SEC. 509. None of the funds provided by this Act
13 shall be available to promote the sale or export of tobacco
14 or tobacco products, or to seek the reduction or removal
15 by any foreign country of restrictions on the marketing
16 of tobacco or tobacco products, except for restrictions
17 which are not applied equally to all tobacco or tobacco
18 products of the same type.
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PROHIBITION ON PROMOTION OF TOBACCO
15 SEC. 7050. None of the funds provided by this Act
16 shall be available to promote the sale or export of tobacco
17 or tobacco products, or to seek the reduction or removal
18 by any foreign country of restrictions on the marketing
19 of tobacco or tobacco products, except for restrictions
20 which are not applied equally to all tobacco or tobacco
21 products of the same type.
----
And, sadly:
(7) $564,117,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs;
