Tobacco-Free Youth Act

II 116TH CONGRESS 1ST SESSION S. 1541 To increase the minimum age for sale of tobacco products to 21. IN THE SENATE OF THE UNITED STATES MAY 20, 2019 Mr. MCCONNELL (for himself and Mr. KAINE) introduced the following bill; which was read twice and referred to the Committee on Health, Edu- cation, Labor, and Pensions A BILL To increase the minimum age for sale of tobacco products to 21. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tobacco-Free Youth 4 Act’’. 5 SEC. 2. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS. 6 (a) ESTABLISHING MINIMUM AGE OF 21 FOR SALE 7 OF TOBACCO PRODUCTS.—Section 1926 of the Public 8 Health Service Act (42 U.S.C. 300x–26) is amended— 9 VerDate Sep 11 2014 23:00 May 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1541.IS S1541 kjohnson on DSK79L0C42 with BILLS 2 •S 1541 IS (1) in the section heading, by striking ‘‘AGE OF 1 18’’ and inserting ‘‘AGE OF 21’’; 2 (2) by striking ‘‘age of 18’’ each place such 3 phrase appears and inserting ‘‘age of 21’’; 4 (3) in subsection (a)— 5 (A) in paragraph (1), by striking ‘‘fiscal 6 year 1994’’ and inserting ‘‘fiscal year 2021’’; 7 and 8 (B) in paragraph (2)— 9 (i) by striking ‘‘fiscal year 1993’’ and 10 inserting ‘‘fiscal year 2020’’; 11 (ii) by striking ‘‘fiscal year 1994’’ and 12 inserting ‘‘fiscal year 2021’’; and 13 (iii) by striking ‘‘fiscal year 1995’’ 14 and inserting ‘‘fiscal year 2022’’; and 15 (4) in subsection (d)— 16 (A) in paragraph (1), by striking ‘‘1995’’ 17 and inserting ‘‘2022’’; 18 (B) in paragraph (2)— 19 (i) by striking ‘‘1994’’ and inserting 20 ‘‘2021’’; and 21 (ii) by striking the period and insert- 22 ing ‘‘; and’’; 23 VerDate Sep 11 2014 23:00 May 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1541.IS S1541 kjohnson on DSK79L0C42 with BILLS 3 •S 1541 IS (C) by redesignating paragraphs (1) and 1 (2) as subparagraphs (A) and (B), respectively, 2 and adjusting the margins accordingly; 3 (D) by striking ‘‘this section, the term’’ 4 and inserting ‘‘this section— 5 ‘‘(1) the term’’; and 6 (E) by adding at the end the following: 7 ‘‘(2) the term ‘tobacco product’ has the mean- 8 ing given such term in section 201(rr) of the Fed- 9 eral Food, Drug, and Cosmetic Act.’’. 10 (b) FDA.— 11 (1) IN GENERAL.—Section 906(d) of the Fed- 12 eral Food, Drug, and Cosmetic Act (21 U.S.C. 13 387f(d)) is amended— 14 (A) in paragraph (3)(A)(ii), by striking 15 ‘‘18 years’’ and inserting ‘‘21 years’’; and 16 (B) by adding at the end the following: 17 ‘‘(5) MINIMUM AGE OF SALE.—It shall be un- 18 lawful for any retailer to sell a tobacco product to 19 any person younger than 21 years of age, consistent 20 with section 1140.14 of title 21, Code of Federal 21 Regulations (or any successor regulations).’’. 22 (2) REGULATIONS.—Not later than 180 days 23 after the date of enactment of this Act, the Sec- 24 retary of Health and Human Services shall update 25 VerDate Sep 11 2014 23:00 May 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1541.IS S1541 kjohnson on DSK79L0C42 with BILLS 4 •S 1541 IS regulations issued under chapter IX of the Federal 1 Food, Drug, and Cosmetic Act (21 U.S.C. 387 et 2 seq.) as appropriate to carry out the amendments 3 made by paragraph (1). 4 (c) NON-PREEMPTION.—Nothing in the amendments 5 made by subsection (a) or (b) shall be construed to prevent 6 a State or local governmental entity from establishing, en- 7 forcing, or maintaining a law with respect to sales of to- 8 bacco products to individuals below a minimum age, pro- 9 vided that such State or local law is in addition to, or 10 more stringent than, Federal law. 11 Æ VerDate Sep 11 2014 23:00 May 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1541.IS S1541 kjohnson on DSK79L0C42 with BILLS