1. (a) After a Brand Style is submitted for inclusion on the UTL via a product form or variant form in a UTL application, whether that Brand Style has been included on the UTL or not, the Attorney General may request additional information substantiating Applicant's contention that the Brand Style lacks a Characterizing Flavor. The Attorney General's request for additional information may require Applicant to provide ingredient information, a consumer survey, or other information that the Attorney General deems necessary to substantiate Applicant's contention that the Brand Style lacks a Characterizing Flavor. In addition to the information or factual substantiations requested by the Attorney General, Applicant may also include in its response any other information Applicant deems relevant to substantiate its contention that the Brand Style lacks a Characterizing Flavor. Applicant shall have thirty (30) days to respond to a request for additional information. The Attorney General shall decline to list the Brand Style on the UTL or initiate removal of the Brand Style from the UTL under subdivision (c) of Section 950 if Applicant fails to timely respond to a request for additional information.
2. (b) In addition, the Attorney General may require Applicant to provide information and documentation regarding a Brand Style's packaging, marketing, or status with the FDA. Applicant shall have fifteen (15) days to respond to a request made under this subdivision, unless the Attorney General extends the deadline pursuant to Section 944. The Attorney General shall decline to list the Brand Style on the UTL or initiate removal of the Brand Style from the UTL under subdivision (c) of Section 950 if Applicant fails to timely respond to a request for status, packaging, or marketing information.

3. (c) No later than thirty (30) days after the receipt of Applicant's timely response to the request for additional information, the Attorney General shall:

   1. (1) Notify Applicant that the Brand Style is approved to be listed on or remain on the UTL.
   2. (2) Send Applicant a request under subdivision (a) for additional information substantiating Applicant's contention that a Brand Style lacks a Characterizing Flavor;
   3. (3) Send Applicant a request under subdivision (b) for additional information and documentation regarding a Brand Style's packaging, marketing, or status with the FDA; or
   4. (4) Notify Applicant that the Attorney General declines to list the Brand Style on the UTL or is initiating removal of the Brand Style from the UTL under subdivision (c) of Section 950.

Note: Authority cited: Section 104559.1, Health and Safety Code. Reference: Section 104559.1, Health and Safety Code.

History

1. New section filed 8-25-2025 as an emergency; operative 8-25-2025 (Register 2025, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2026 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 2-18-2026 as an emergency; operative 2-24-2026 (Register 2026, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-26-2026 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 5-21-2026 as an emergency; operative 5-27-2026 (Register 2026, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-19-2026 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 5-21-2026 order, including amendment of subsection (a), transmitted to OAL 5-7-2026 and filed 6-19-2026; amendments effective 6-19-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 25).