S.Amdt. 3859

SA 3859, submitted by Mr. Tuberville, aims to combat illicit tobacco products by adding a new section (Section 586) to the bill. This addition focuses on restricting the sale of ENDS products (electronic nicotine delivery systems) and oral nicotine products at military exchanges and commissaries.

The amendment changes the bill by requiring that these products only be sold if the manufacturer provides an annual certification form under penalty of perjury. This certification must prove that the manufacturer has:

• Received a marketing granted order under section 910 of the Federal Food, Drug, and Cosmetic Act.
• Submitted a timely filed premarket tobacco product application that is either still under review or has a denial order that was vacated, rescinded, or stayed by a court or the Secretary.

To ensure accountability, the amendment requires military resale entities (such as the Defense Commissary Agency and various service exchanges) to develop public certification forms and maintain a public directory of approved manufacturers and their products.

Failure to provide accurate certifications or comply with these requirements will lead to the removal of the product from the directory and the sale location. Products removed from the directory are subject to seizure, forfeiture, and destruction after 30 days.