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 restrictions 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 Control Act to increase certain civil penalties applicable to 

violations of certain restrictions on the sale and distribution of tobacco products, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nicotine Or Vaping 

5 Access Protection and Enforcement Act of 2019’’ or the 

6 ‘‘NO VAPE Act of 2019’’. 


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1 SEC. 2. INCREASING CIVIL PENALTIES APPLICABLE TO 

2 CERTAIN VIOLATIONS OF RESTRICTIONS ON 

3 SALE AND DISTRIBUTION OF TOBACCO PROD4 UCTS. 

5 (a) PENALTIES.—Paragraph (2) of section 103(q) of 

6 the Family Smoking Prevention and Tobacco Control Act 

7 (21 U.S.C. 333 note) is amended to read as follows: 

8 ‘‘(A) IN GENERAL.—The amount of the 

9 civil penalty to be applied for violations of re10 strictions promulgated under section 906(d), as 

11 described in paragraph (1), shall be as follows: 

12 ‘‘(i) With respect to a retailer with an 

13 approved training program, the amount of 

14 the civil penalty shall not exceed— 

15 ‘‘(I) in the case of the first viola16 tion, $300; 

17 ‘‘(II) in the case of a second vio18 lation within a 12-month period, 

19 $500; 

20 ‘‘(III) in the case of a third viola21 tion within a 24-month period, 

22 $1,000; 

23 ‘‘(IV) in the case of a fourth vio24 lation within a 24-month period, 

25 $4,000; 


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1 ‘‘(V) in the case of a fifth viola2 tion within a 36-month period, 

3 $10,000; and 

4 ‘‘(VI) in the case of a sixth or 

5 subsequent violation within a 48- 

6 month period, $20,000 as determined 

7 by the Secretary on a case-by-case 

8 basis. 

9 ‘‘(ii) With respect to a retailer that 

10 does not have an approved training pro11 gram, the amount of the civil penalty shall 

12 not exceed— 

13 ‘‘(I) in the case of the first viola14 tion, $500; 

15 ‘‘(II) in the case of a second vio16 lation within a 12-month period, 

17 $1,000; 

18 ‘‘(III) in the case of a third viola19 tion within a 24-month period, 

20 $2,000; 

21 ‘‘(IV) in the case of a fourth vio22 lation within a 24-month period, 

23 $4,000; 


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1 ‘‘(V) in the case of a fifth viola2 tion within a 36-month period, 

3 $10,000; and 

4 ‘‘(VI) in the case of a sixth or 

5 subsequent violation within a 48- 

6 month period, $20,000 as determined 

7 by the Secretary on a case-by-case 

8 basis.’’. 

9 (b) APPLICABILITY.—The amendment made by sub10 section (a) applies with respect to a violation of a restric11 tion promulgated under section 906(d)(1) of the Federal 

12 Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), as 

13 described in section 103(q)(1) of the Family Smoking Pre14 vention and Tobacco Control Act (21 U.S.C. 333 note), 

15 occurring on or after the date that is 6 months after the 

16 enactment of this Act. The penalties specified in such sec17 tion 103(q)(1), as in effect on the day before such date, 

18 shall continue to apply to violations occurring before such 

19 date. 

20 SEC. 3. MANDATORY AGE VERIFICATION FOR ALL RETAIL 

21 PURCHASERS OF TOBACCO PRODUCTS. 

22 (a) IN GENERAL.—Subsection (d) of section 906 of 

23 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

24 387f) is amended by adding at the end the following new 

25 paragraph: 


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1 ‘‘(5) AGE VERIFICATION.— 

2 ‘‘(A) REQUIREMENT.—The Secretary shall 

3 by regulation require, in any retail sale of a to4 bacco product, verification of the purchaser’s 

5 age by means of photographic identification 

6 containing the bearer’s date of birth. 

7 ‘‘(B) NO EXCEPTION FOR OLDER PUR8 CHASERS.—The age verification requirement 

9 promulgated under subparagraph (A) shall not 

10 include any exception for any purchaser, includ11 ing any purchaser above a specified age.’’. 

12 (b) REGULATIONS.—The Secretary of Health and 

13 Human Services, acting through the Commissioner of 

14 Food and Drugs, shall promulgate a final regulation pur15 suant to section 906(d)(5) of the Federal Food, Drug, and 

16 Cosmetic Act, as added by subsection (a), not later than 

17 6 months after the date of enactment of this Act. 

18 SEC. 4. STUDY AND REPORT ON E-CIGARETTES. 

19 Not later than 5 years after the date of enactment 

20 of this Act, the Director of the Centers for Disease Control 

21 and Prevention shall— 

22 (1) complete a study on— 

23 (A) the relationship of e-cigarettes to to24 bacco cessation; 


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1 (B) the perception of the harmful effects of 

2 e-cigarettes; and 

3 (C) the environmental effects of e-cigarette 

4 emissions; and 

5 (2) submit to the Congress a report on the re6 sults of such study. 

Æ 


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