NO VAPE Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5022 To amend the Family Smoking Prevention and Tobacco Control Act to increase certain civil penalties applicable to violations of certain restric- tions on the sale and distribution of tobacco products, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 8, 2019 Mr. RUIZ introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Family Smoking Prevention and Tobacco Con- trol Act to increase certain civil penalties applicable to violations of certain restrictions on the sale and distribu- tion of tobacco products, and for other purposes. 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 ‘‘Nicotine Or Vaping 4 Access Protection and Enforcement Act of 2019’’ or the 5 ‘‘NO VAPE Act of 2019’’. 6 VerDate Sep 11 2014 20:43 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5022.IH H5022 lotter on DSKBCFDHB2PROD with BILLS 2 •HR 5022 IH SEC. 2. INCREASING CIVIL PENALTIES APPLICABLE TO 1 CERTAIN VIOLATIONS OF RESTRICTIONS ON 2 SALE AND DISTRIBUTION OF TOBACCO PROD- 3 UCTS. 4 (a) PENALTIES.—Paragraph (2) of section 103(q) of 5 the Family Smoking Prevention and Tobacco Control Act 6 (21 U.S.C. 333 note) is amended to read as follows: 7 ‘‘(A) IN GENERAL.—The amount of the 8 civil penalty to be applied for violations of re- 9 strictions promulgated under section 906(d), as 10 described in paragraph (1), shall be as follows: 11 ‘‘(i) With respect to a retailer with an 12 approved training program, the amount of 13 the civil penalty shall not exceed— 14 ‘‘(I) in the case of the first viola- 15 tion, $300; 16 ‘‘(II) in the case of a second vio- 17 lation within a 12-month period, 18 $500; 19 ‘‘(III) in the case of a third viola- 20 tion within a 24-month period, 21 $1,000; 22 ‘‘(IV) in the case of a fourth vio- 23 lation within a 24-month period, 24 $4,000; 25 VerDate Sep 11 2014 20:43 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5022.IH H5022 lotter on DSKBCFDHB2PROD with BILLS 3 •HR 5022 IH ‘‘(V) in the case of a fifth viola- 1 tion within a 36-month period, 2 $10,000; and 3 ‘‘(VI) in the case of a sixth or 4 subsequent violation within a 48- 5 month period, $20,000 as determined 6 by the Secretary on a case-by-case 7 basis. 8 ‘‘(ii) With respect to a retailer that 9 does not have an approved training pro- 10 gram, the amount of the civil penalty shall 11 not exceed— 12 ‘‘(I) in the case of the first viola- 13 tion, $500; 14 ‘‘(II) in the case of a second vio- 15 lation within a 12-month period, 16 $1,000; 17 ‘‘(III) in the case of a third viola- 18 tion within a 24-month period, 19 $2,000; 20 ‘‘(IV) in the case of a fourth vio- 21 lation within a 24-month period, 22 $4,000; 23 VerDate Sep 11 2014 20:43 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5022.IH H5022 lotter on DSKBCFDHB2PROD with BILLS 4 •HR 5022 IH ‘‘(V) in the case of a fifth viola- 1 tion within a 36-month period, 2 $10,000; and 3 ‘‘(VI) in the case of a sixth or 4 subsequent violation within a 48- 5 month period, $20,000 as determined 6 by the Secretary on a case-by-case 7 basis.’’. 8 (b) APPLICABILITY.—The amendment made by sub- 9 section (a) applies with respect to a violation of a restric- 10 tion promulgated under section 906(d)(1) of the Federal 11 Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), as 12 described in section 103(q)(1) of the Family Smoking Pre- 13 vention and Tobacco Control Act (21 U.S.C. 333 note), 14 occurring on or after the date that is 6 months after the 15 enactment of this Act. The penalties specified in such sec- 16 tion 103(q)(1), as in effect on the day before such date, 17 shall continue to apply to violations occurring before such 18 date. 19 SEC. 3. MANDATORY AGE VERIFICATION FOR ALL RETAIL 20 PURCHASERS OF TOBACCO PRODUCTS. 21 (a) IN GENERAL.—Subsection (d) of section 906 of 22 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 23 387f) is amended by adding at the end the following new 24 paragraph: 25 VerDate Sep 11 2014 20:43 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5022.IH H5022 lotter on DSKBCFDHB2PROD with BILLS 5 •HR 5022 IH ‘‘(5) AGE VERIFICATION.— 1 ‘‘(A) REQUIREMENT.—The Secretary shall 2 by regulation require, in any retail sale of a to- 3 bacco product, verification of the purchaser’s 4 age by means of photographic identification 5 containing the bearer’s date of birth. 6 ‘‘(B) NO EXCEPTION FOR OLDER PUR- 7 CHASERS.—The age verification requirement 8 promulgated under subparagraph (A) shall not 9 include any exception for any purchaser, includ- 10 ing any purchaser above a specified age.’’. 11 (b) REGULATIONS.—The Secretary of Health and 12 Human Services, acting through the Commissioner of 13 Food and Drugs, shall promulgate a final regulation pur- 14 suant to section 906(d)(5) of the Federal Food, Drug, and 15 Cosmetic Act, as added by subsection (a), not later than 16 6 months after the date of enactment of this Act. 17 SEC. 4. STUDY AND REPORT ON E-CIGARETTES. 18 Not later than 5 years after the date of enactment 19 of this Act, the Director of the Centers for Disease Control 20 and Prevention shall— 21 (1) complete a study on— 22 (A) the relationship of e-cigarettes to to- 23 bacco cessation; 24 VerDate Sep 11 2014 20:43 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5022.IH H5022 lotter on DSKBCFDHB2PROD with BILLS 6 •HR 5022 IH (B) the perception of the harmful effects of 1 e-cigarettes; and 2 (C) the environmental effects of e-cigarette 3 emissions; and 4 (2) submit to the Congress a report on the re- 5 sults of such study. 6 Æ VerDate Sep 11 2014 20:43 Nov 20, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5022.IH H5022 lotter on DSKBCFDHB2PROD with BILLS