I 

116TH CONGRESS 

1ST SESSION H. R. 2084 

To amend the Federal Food, Drug, and Cosmetic Act to raise the minimum 

age restriction with respect to the sale of tobacco products, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2019 

Mr. ADERHOLT (for himself and Mr. VARGAS) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

raise the minimum age restriction with respect to the 

sale 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 ‘‘Stopping Consumption 

5 of Tobacco by Teens Act of 2019’’ or the ‘‘SCOTT Act 

6 of 2019’’. 


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1 SEC. 2. MINIMUM AGE RESTRICTIONS FOR SALE OF TO2 BACCO PRODUCTS. 

3 (a) MINIMUM AGE RESTRICTIONS.—Section 

4 906(d)(3) of the Federal Food, Drug, and Cosmetic Act 

5 (21 U.S.C. 387f(d)(3)) is amended— 

6 (1) by amending subparagraph (A) to read as 

7 follows: 

8 ‘‘(A) FACE-TO-FACE TRANSACTIONS.—No 

9 restrictions under paragraph (1) may prohibit 

10 the sale of any tobacco product in face-to-face 

11 transactions by a specific category of retail out12 lets.’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(C) MINIMUM AGE RESTRICTIONS.— 

15 ‘‘(i) RESTRICTION.—It shall be unlaw16 ful to sell or distribute a tobacco product 

17 to any person younger than 21 years of 

18 age. 

19 ‘‘(ii) ENFORCEMENT.—The Secretary 

20 of Health and Human Services is author21 ized to enforce the prohibition under clause 

22 (i) and shall take necessary action to en23 force such prohibition, including, as appro24 priate— 

25 ‘‘(I) conducting undercover com26 pliance checks, performing retailer inVerDate Sep 11 2014 00:28 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2084.IH H2084

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1 spections, initiating enforcement ac2 tions for noncompliance, and taking 

3 any other measures appropriate to 

4 help ensure nationwide compliance 

5 with such prohibition; and 

6 ‘‘(II) establishing requirements 

7 that retailers check identification to 

8 ensure compliance with clause (i) (in9 cluding increasing the minimum age 

10 for which the checking of such identi11 fication is not required, which shall be 

12 greater than the minimum age under 

13 clause (i)) or issuing guidance con14 cerning the responsibility of retailers 

15 to ensure such compliance. 

16 ‘‘(iii) REGULATIONS.—Not later than 

17 2 years after the date of the enactment of 

18 the SCOTT Act of 2019, the Secretary 

19 shall revise the regulations issued under 

20 paragraph (1) to implement and enforce 

21 clauses (i) and (ii).’’. 

22 (b) PROHIBITION AGAINST REMOTE RETAIL

23 SALES.—Section 906(d)(4) of the Federal Food, Drug, 

24 and Cosmetic Act (21 U.S.C. 387f(d)(4)) is amended by 

25 adding at the end the following: 


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1 ‘‘(C) VAPOR PRODUCTS.— 

2 ‘‘(i) IN GENERAL.—Not later than 2 

3 years after the date of the enactment of 

4 the SCOTT Act of 2019, the Secretary 

5 shall issue regulations or revise the regula6 tions issued under clause (i) and (ii) of 

7 subparagraph (A) to require age verifica8 tion with respect to remote sales of vapor 

9 products. 

10 ‘‘(ii) CONTENT.—Such regulations 

11 shall, at a minimum, provide— 

12 ‘‘(I) that a delivery seller of 

13 vapor products— 

14 ‘‘(aa) shall not sell, deliver, 

15 or cause to be delivered any 

16 vapor products to a person under 

17 the minimum age required for 

18 the legal sale or purchase of 

19 vapor products, as determined by 

20 the applicable law at the place of 

21 delivery; 

22 ‘‘(bb) shall not accept a de23 livery sale order from a person 

24 without— 


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1 ‘‘(AA) obtaining the 

2 full name, birth date, and 

3 residential address of that 

4 person; and 

5 ‘‘(BB) verifying the in6 formation provided in sub7 paragraph (A), through the 

8 use of a commercially avail9 able database or aggregate 

10 of databases, consisting pri11 marily of data from govern12 ment sources, that are regu13 larly used by government 

14 and businesses for the pur15 pose of age and identity 

16 verification and authentica17 tion, to ensure that the pur18 chaser is at least the min19 imum age required for the 

20 legal sale or purchase of 

21 vapor products, as deter22 mined by the applicable law 

23 at the place of delivery; and 

24 ‘‘(cc) shall not make any 

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1 ing, at the place of delivery, the 

2 signature of a person who is not 

3 younger than the minimum age 

4 described in item (aa); 

5 ‘‘(II) that no database being used 

6 for age and identity verification pur7 suant to subclause (I)(bb)(BB) shall 

8 be in the possession or under the con9 trol of the delivery seller, or be subject 

10 to any changes or supplementation by 

11 the delivery seller; and 

12 ‘‘(III) for definitions of the terms 

13 ‘delivery sale’, ‘delivery seller’, ‘online 

14 marketplace’, and ‘vapor products’. 

15 ‘‘(iii) DEFINITIONS.—To the extent 

16 the Secretary determines is appropriate 

17 and practicable, in issuing regulations re18 ferred to in clause (ii)(III), the Secretary 

19 shall define the terms specified in such 

20 clause consistent with the following defini21 tions: 

22 ‘‘(I) The term ‘delivery sale’ 

23 means a sale of vapor products in 

24 which— 


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1 ‘‘(aa) the consumer submits 

2 the order for the sale by means 

3 of a telephone or other method of 

4 voice transmission, the mail or 

5 common carrier, or the Internet 

6 or other online service, or the 

7 seller is otherwise not in the 

8 physical presence of the buyer 

9 when the request for purchase or 

10 order is made; or 

11 ‘‘(bb) the vapor products are 

12 delivered to the buyer by common 

13 carrier, private delivery service, 

14 or other method of remote deliv15 ery, or the seller is not in the 

16 physical presence of the buyer 

17 when the buyer obtains posses18 sion of the vapor products. 

19 ‘‘(II) The term ‘delivery seller’ 

20 means a person who makes a delivery 

21 sale, or provides an online market22 place to facilitate a delivery sale. 

23 ‘‘(III) The term ‘online market24 place’ means an online portal or other 

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1 tates the sale of products to con2 sumers, through retail sale, auction, 

3 or similar transactions. 

4 ‘‘(IV) The term ‘vapor prod5 uct’— 

6 ‘‘(aa) means any non-com7 bustible product that employs a 

8 heating element, power source, 

9 electronic circuit, or other elec10 tronic, chemical, or mechanical 

11 means, regardless of shape or 

12 size, to produce vapor from nico13 tine in a solution or other form; 

14 ‘‘(bb) includes any electronic 

15 cigarette, electronic cigar, elec16 tronic cigarillo, electronic pipe, or 

17 similar product or device, and 

18 any vapor cartridge or other con19 tainer of nicotine in a solution or 

20 other form; and 

21 ‘‘(cc) does not include a 

22 drug or device.’’. 

Æ 


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