generally. (1) Within 30 days of the passage of this Act, the Food and Drug Administration shall promulgate an interim final rule and undertake rulemaking under the Administrative Procedure Act ( 5 U.S.C. 500 et seq. ) to effectuate this provision. (2) Such final rule shall be promulgated within 90 days of the publication of the interim final rule. (b) Rule of construction Notwithstanding section 360ggg–3(a) of this title, any cosmetic containing marihuana , as defined in section 102(16) of the Controlled Substances Act, and industrial hemp , as defined in section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o ), including any extract thereof, where the cannabis component actually renders it a poisonous or deleterious substance, injurious to users under the conditions of use prescribed in the labeling thereof, or under such conditions of use as are customary or usual, may be considered adulterated within the meaning of section 601 of the Federal Food, Drug, and Cosmetic Act and/or misbranded under section 106(4) of the Federal Food, Drug, and Cosmetic Act. 360ggg–4. Liability and method of payment A designated State medical cannabis product, alone or in combination with another designated State medical cannabis product or products (as medically appropriate) deemed under section 360ggg–1 of this title to have in effect an approved application shall not be assessed fees under section 379h(a) or 379j–12(a) of this title on the basis of such deemed approval. 360ggg–5. Private right of action and administrative remedy (a) Right of action An adversely affected person or business shall have private right of action under the Administrative Procedure Act ( 5 U.S.C. 500 et seq. ) and the Mandamus Act ( 28 U.S.C. 1361 ) to compel the Administrator or any other officer, employee or agent of the Food and Drug Administration to promulgate regulations or undertake and finalize rulemaking required under this Act that are not promulgated or published within the time frames set forth herein, or to provide the