Senator Leber proposes the following amendment (SR-287.CEM0005S):

Amend the bill, as and if amended, SECTION 1, by striking Section 44-95-65(B)(1) and (2) and inserting:

  (1) the ENDS product was on the market in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order pursuant to 21 U.S.C. Section 387j for the ENDS product by submitting a premarket tobacco product application on or before September 9, 2020, to the FDA and either the premarket tobacco product application for the product remains under review by the FDA or the FDA has issued a marketing denial order for the product from the FDA but the agency or a federal court has issued a stay order or injunction; or
  (2) the manufacturer has received a marketing granted order pursuant to 21 U.S.C. Section 387j for the product from the FDA; or.
  (3) the manufacturer has applied for a marketing order pursuant to 21 U.S.C. Section 387j for the ENDS product by submitting a premarket tobacco product application and that application is still under review three years after submission, in which the marketing order shall be deemed granted for purposes of this section until the FDA has made a final determination.

Renumber sections to conform.

Amend title to conform.