FDA Cole-Bishop: New FDA Deeming Authority Clarification Act of 2017

[KODIAK (TM)]

This has been floating around here at ECF. Thought it deserved a thread of its own:

Cole and Bishop Introduce The FDA Deeming Authority Clarification Act of 2017

At the end of the article there is a PDF link to the full legislation. I love these guys.

And for the neanderthals vaping at 3 gigawatts using a 10amp power source you'll be happy to see new battery legislation in this version to protect you from harming yourself (again).

 

[Verb]

I'm very weary this will just hook up a very few. If the battery regs are written so that only a handful of pre 8/8/2016 devices qualify, most of what we use could be shut out. Any new devices that meet the battery standards will need to go through a full PMTA or at least survive a equivalent product application.

 

[KODIAK (TM)]

I'm very weary this will just hook up a very few. If the battery regs are written so that only a handful of pre 8/8/2016 devices qualify, most of what we use could be shut out. Any new devices that meet the battery standards will need to go through a full PMTA or at least survive a equivalent product application.

If I'm reading it right on batteries... nothing happens until way down the road:

(2) FINAL STANDARDS.—Not later than 24 months after the date of enactment of this Act

Not sure if a PMTA will be needed either. Hell, I can't see the entire 18650 industry being subjected to it anyway. Tesla would throw a fit.

 

[WillyZee]

8/8/2016 works for me ... everything I use is pre 2014.

the 2007 date is an open-tank killer

 

[KODIAK (TM)]

8/8/2016 works for me ... everything I use is pre 2014.

Actually, I think it pushes other e-cig related things to 21 months after this act is passed. Could be looking at stuff on the market as late 2019 as being exempt.

 

[Stubby]

I'm very weary this will just hook up a very few. If the battery regs are written so that only a handful of pre 8/8/2016 devices qualify, most of what we use could be shut out. Any new devices that meet the battery standards will need to go through a full PMTA or at least survive a equivalent product application.

Not true. This section clarifies that issue and assures that devices cannot be regulated out of existence by playing got-cha games with the regulations.

1. COMPLIANCE WITH FINAL STANDARDS.—For
   
   
2. 4 any vapor product (including those products in test mar-
   
   
3. 5 kets) that has a battery and is commercially marketed in
   
   
4. 6 the United States as of the date by which final standards
   
   
5. 7 are required to be promulgated under subsection (b)(2),
   
   
6. 8 the Secretary of Health and Human Services, based on
   
   
7. 9 any change to the battery for the purpose of conforming
   
   
8. 10 to such final standards, shall not—
   
   
9. 11 (1) require the submission of a report under
   
   
10. 12 section 905(j) of such Federal Food, Drug, and Cos-
    
    
11. 13 metic Act (21 U.S.C. 387e(j)); or
    
    
12. 14 (2) treat such vapor product as a new tobacco
    
    
13. 15 product for which an order is required under section
    
    
14. 16 910(c)(1)(A)(i) of such Act (21 U.S.C.
    
    
15. 17 387j(c)(1)(A)(i)).

 

[retired1]

Thought it deserved a thread of its own:

It does and it's located here: Cole/Bishop Introduce FSPTCA Correction Act

Closing