Tobacco Products Control Act of 1995

Summary: Tobacco Products Control Act of 1995 - Amends the Federal Cigarette Labeling and Advertising Act (with regard to cigarettes) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (with regard to smokeless tobacco products) to make unlawful:  (1) advertising on certain outdoor billboards; (2) advertising in publications having more than 15 percent of their total readership under 18 years old; (3) product placement (paid for by a manufacturer) as a prop in any general public motion picture; and (4) placement of a brand name or logo in a video, on a video game machine, or in a family amusement center. 
Amends the Public Health Service Act to prohibit or reduce, starting in FY 1997, formula grants to States for prevention and treatment of substance abuse unless the State has a law:  (1) prohibiting the sale or distribution of cigarettes or smokeless tobacco products to anyone under the age of 18; (2) regulating in specified ways cigarette or smokeless tobacco product vending machines; and (3) prohibiting the distribution without charge of cigarettes or smokeless tobacco products or the distribution of coupons redeemable for cigarettes or smokeless tobacco products. Allows amounts from the formula grants to be used to enforce such State laws. 
Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that nothing in the FDCA or any other Act shall provide the Food and Drug Administration with any authority to regulate in any manner tobacco or tobacco products.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tobacco Products Control Act of 
1995''.

SEC. 2. AMENDMENT TO FEDERAL CIGARETTE LABELING AND ADVERTISING ACT.

    The Federal Cigarette Labeling and Advertising Act is amended by 
inserting after section 6 (15 U.S.C. 1335) the following new section:

                 ``additional advertising restrictions

    ``Sec. 7A. (a)(1) It shall be unlawful to advertise cigarettes on 
any outdoor billboard that is located within 500 feet of any public or 
private elementary or secondary school.
    ``(2) Paragraph (1) shall not apply to any advertisement--
            ``(A) on any outdoor billboard that is located adjacent to 
        an interstate highway that is directed away from, and not 
        visible from, such elementary or secondary schools or school 
        grounds; or
            ``(B) that is erected or maintained at street level and 
        affixed to business establishments selling tobacco products at 
        retail.
    ``(b) It shall be unlawful to advertise cigarettes in a newspaper, 
magazine, periodical or other publication if the subscribers of such 
publication who are under the age of 18 years constitute more than 15 
percent of the total readership of such publication. The Federal Trade 
Commission shall annually publish a list of the publications that are 
subject to this subsection.
    ``(c) No payment shall be made by any cigarette manufacturer or any 
agent thereof for the placement of any cigarette, cigarette package, or 
cigarette advertisement as a prop in any motion picture produced for 
viewing by the general public.
    ``(d) No cigarette brand name or logo shall be placed in a video or 
on a video game machine, and no brand name or logo may be placed on or 
within the premises of family amusement centers.
    ``(e) As used in this section--
            ``(1) the term `family amusement center' means an 
        enterprise offering amusement or entertainment to the public 
        through the use of one or more amusement rides or attractions;
            ``(2) the term `amusement ride or attraction' means--
                    ``(A) any mechanized device or combination of 
                devices that carry passengers along, around, or over a 
                fixed or restricted course for the purpose of giving 
                its passengers amusement, pleasure, thrills, or 
                excitement; or
                    ``(B) any building or structure around, over, or 
                through which individuals may walk, climb, slide, jump 
                or move that provides such individuals with amusement, 
                pleasure, thrills, or excitement;
        except that such term does not include coin-operated amusement 
        devices that carry no more than 2 individuals, devices 
        regulated by the Federal Aviation Administration, the Federal 
        Railroad Administration (or State railroad administrations), or 
        vessels under the jurisdiction of the Coast Guard (or State 
        division of the water patrol), tractor pulls, auto or 
        motorcycle events, horse shows, rodeos, or other animal shows, 
        games and concessions, nonmechanical playground equipment, or 
        any other devices or structures designated by the Secretary of 
        Health and Human Services; and
            ``(3) the term `video game' means any electronic amusement 
        device that utilizes a computer, microprocessor, or similar 
        electronic circuitry and its own cathode ray tube, or is 
        designed to be used with a television set or a monitor, that 
        interacts with the user of the device.''.

SEC. 3. AMENDMENT TO COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION 
              ACT OF 1986.

    The Comprehensive Smokeless Tobacco Health Education Act of 1986 is 
amended by inserting after section 3 (15 U.S.C. 4402 et seq.) the 
following new section:
                       ``advertising restrictions

    ``Sec. 3A. (a) Billboards.--
            ``(1) In general.--It shall be unlawful to advertise a 
        smokeless tobacco product on any outdoor billboard that is 
        located within 500 feet of any public or private elementary or 
        secondary school.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        advertisement--
                    ``(A) on any outdoor billboard that is located 
                adjacent to an interstate highway that is directed away 
                from, and not visible from, such elementary or 
                secondary schools or school grounds; and
                    ``(B) that is erected or maintained at street level 
                and affixed to business establishments selling tobacco 
                products at retail.
    ``(b) Periodicals.--It shall be unlawful to advertise any smokeless 
tobacco product in a newspaper, magazine, periodical or other 
publication if the subscribers of such publication who are under the 
age of 18 years constitute more than 15 percent of the total readership 
of such publication. The Federal Trade Commission shall annually 
publish a list of the publications that are subject to this subsection.
    ``(c) Motion Pictures.--No payment shall be made by any smokeless 
tobacco manufacturer or any agent thereof for the placement of any 
smokeless tobacco product, smokeless tobacco package, or smokeless 
tobacco advertisement as a prop in any motion picture produced for 
viewing by the general public.
    ``(d) Video Games.--No smokeless tobacco product brand name or logo 
shall be placed in a video or on a video game machine, and no brand 
name or logo may be placed on or within the premises of a family 
amusement center.
    ``(e) Definitions.--As used in this section--
            ``(1) the term `family amusement center' means an 
        enterprise offering amusement or entertainment to the public 
        through the use of one or more amusement rides or attractions;
            ``(2) the term `amusement ride or attraction' means--
                    ``(A) any mechanized device or combination of 
                devices that carry passengers along, around, or over a 
                fixed or restricted course for the purpose of giving 
                its passengers amusement, pleasure, thrills, or 
                excitement; or
                    ``(B) any building or structure around, over, or 
                through which individuals may walk, climb, slide, jump 
                or move that provides such individuals with amusement, 
                pleasure, thrills, or excitement;
        except that such term does not include coin-operated amusement 
        devices that carry no more than 2 individuals, devices 
        regulated by the Federal Aviation Administration, the Federal 
        Railroad Administration (or State railroad administrations), or 
        vessels under the jurisdiction of the Coast Guard (or State 
        division of the water patrol), tractor pulls, auto or 
        motorcycle events, horse shows, rodeos, or other animal shows, 
        games and concessions, nonmechanical playground equipment, or 
        any other devices or structures designated by the Secretary of 
        Health and Human Services; and
            ``(3) the term `video game' means any electronic amusement 
        device that utilizes a computer, microprocessor, or similar 
        electronic circuitry and its own cathode ray tube, or is 
        designed to be used with a television set or a monitor, that 
        interacts with the user of the device.''.

SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

    Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) 
is amended--
            (1) in subsection (a)(1), to read as follows:
            ``(1) In general.--Subject to paragraph (2), for fiscal 
        year 1997 and subsequent fiscal years, the Secretary may make a 
        grant under section 1921 only if the State involved has in 
        effect a law providing that--
                    ``(A) it is unlawful for any manufacturer, 
                retailer, or distributor of cigarettes or smokeless 
                tobacco products to sell or distribute any such product 
                to any individual under the age of 18;
                    ``(B) no person, firm, partnership, company, or 
                corporation shall operate a vending machine which 
                dispenses cigarettes or smokeless tobacco products 
                unless such vending machine is in a location that is in 
                plain view and under the direct supervision and control 
                of the individual in charge of the location or his or 
                her designated agent or employee;
                    ``(C) the restrictions described in subparagraph 
                (B) shall not apply in the case of a vending machine 
                that is located--
                            ``(i) at a private club; 
                            ``(ii) at a bar or bar area of a food 
                        service establishment;
                            ``(iii) at a factory, warehouse, tobacco 
                        business, or any other place of employment 
                        which has an insignificant portion of its 
                        regular workforce comprised of individuals 
                        under the age of 18 years and only if such 
                        machines are located in an area that is not 
                        accessible to the general public; or
                            ``(iv) in such other location or made 
                        available in another manner that is expressly 
                        permitted under applicable State law; and
                    ``(D) it is unlawful for any person engaged in the 
                selling or distribution of cigarettes or smokeless 
                tobacco products for commercial purposes to distribute 
                without charge any cigarettes or smokeless tobacco 
                products, or to distribute coupons which are redeemable 
                for cigarettes or smokeless tobacco products, except 
                that this subparagraph shall not apply in the case of 
                distribution--
                            ``(i) through coupons contained in 
                        publications for which advertising is not 
                        restricted under section 7A of the Federal 
                        Cigarette Labeling and Advertising Act, coupons 
                        obtained through the purchase of cigarettes or 
                        smokeless tobacco products, or coupons sent 
                        through the mail;
                            ``(ii) where individuals can demonstrate, 
                        through a photographic identification card, 
                        that the individual is at least 18 years of 
                        age;
                            ``(iii) in locations that can be separately 
                        segregated to deny access to individuals under 
                        the age of 18; or
                            ``(iv) through such other manners or at 
                        other locations that are expressly permitted 
                        under applicable State law.'';
            (2) in subsection (a)(2)--
                    (A) by striking ``1993'' and inserting ``1997'';
                    (B) by striking ``1994'' and inserting ``1998''; 
                and
                    (C) by striking ``1995'' and inserting ``1999'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``10 percent'' 
                and inserting ``20 percent'';
                    (B) in paragraph (2), by striking ``20 percent'' 
                and inserting ``40 percent'';
                    (C) in paragraph (3), by striking ``30 percent'' 
                and inserting ``60 percent''; and
                    (D) in paragraph (4), by striking ``40 percent'' 
                and inserting ``80 percent'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``1995'' and 
                inserting ``1999''; and
                    (B) in paragraph (1), by striking ``1994'' and 
                inserting ``1998''; and
            (5) by adding at the end thereof the following new 
        subsections:
    ``(e) Enforcement.--Any amounts made available to a State through a 
grant under section 1921 may be used to enforce the laws described in 
subsection (a).
    ``(f) Definitions.--As used in subsection (a)(1), the term `private 
club' means an organization with no more than an insignificant portion 
of its membership comprised of individuals under the age of 18 years 
that regularly receives dues or payments from its members for the use 
of space, facilities and services.''.

SEC. 5. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
391 et seq.) is amended by adding at the end thereof the following new 
section:

``SEC. 906. PROHIBITION ON REGULATION OF TOBACCO PRODUCTS.

    ``Nothing in this Act or any other Act shall provide the Food and 
Drug Administration with any authority to regulate in any manner 
tobacco or tobacco products.''.