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104TH CONGRESS

2D SESSION H. R. 3954

To restrict the access of youth to tobacco products, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. FOX of Pennsylvania introduced the following bill; which was referred to

the Committee on Commerce, and in addition to the Committee on Government Reform and Oversight, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To restrict the access of youth to 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 ‘‘Control of Youth Ac5 cess to Tobacco Act’’.

6 SEC. 2. ACCESS.

7 (a) VENDING MACHINES.—Vending machines may

8 not be used to sell tobacco products unless the age of the

9 users of such machines can be verified or admittance to
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1 the sites of the vending machines is limited to individuals

2 18 or older.

3 (b) MAIL.—Tobacco products shall be considered

4 nonmailable matter for purposes of chapter 30 of title 39,

5 United States Code.

6 (c) MINIMUM AGE.—No manufacturer, distributor,

7 or retailer of tobacco products may sell a tobacco product

8 to an individual who is less than 18 years old, except that

9 if a State has established a higher age, no manufacturer,

10 distributor, or retailer of tobacco products may sell to11 bacco products in that State to an individual who is less

12 than such higher age.

13 (d) INDIVIDUAL AND SMALL PACKAGES OF CIGA14 RETTES.—No single cigarettes and no cigarettes in a

15 package of fewer than 20 cigarettes may be sold or distrib16 uted by a manufacturer, distributor, or retailer of tobacco

17 products.

18 (e) SAMPLING.—No manufacturer, distributor, or re19 tailer of tobacco products may offer or distribute tobacco

20 products for sampling except in an area or establishment

21 from which individuals under the minimum age prescribed

22 by subsection (c) are denied access.

23 SEC. 3. SALES.

24 (a) SIGNS.—Retailers of tobacco products shall

25 prominently place in the areas of their establishments
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1 where tobacco products are sold signs which indicate the

2 minimum age for the purchase of tobacco products pre3 scribed by section 2(c) and the proof of age requirements

4 which shall include the presentation of a card identifying

5 the purchaser with a photograph.

6 (b) CERTIFICATION.—Retailers of tobacco products

7 and their employees shall sign an annual certification of

8 a knowledge of the minimum age requirement for the pur9 chase of tobacco products and of the intention to enforce

10 such age. Such certification shall be given to the office

11 of the State government with authority over the minimum

12 age requirement for the purchase of tobacco products.

13 (c) FACE-TO-FACE SALES.—The retailers of tobacco

14 products and their employees shall ensure that all sales

15 transactions involving tobacco products are conducted

16 face-to-face.

17 SEC. 4. ADVERTISING.

18 Outdoor advertising of tobacco products, including

19 outward facing window ads in retail establishments, shall

20 be banned within 1000 feet of any playground or elemen21 tary or secondary school and shall be banned in accord22 ance with such further restrictions as a State or political

23 subdivision of a State may impose.
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1 SEC. 5. PROMOTION.

2 (a) IN GENERAL.—The promotion of tobacco prod3 ucts (including brand names, logos, characters, or any

4 other type of selling message) shall be banned in family

5 amusement centers, including video arcades, in or on video

6 games located in areas or establishments to which individ7 uals under the minimum age prescribed by section 2(c)

8 may gain access, or in accordance with such further re9 strictions on promotion as a State or political subdivision

10 of a State may impose.

11 (b) NAMES.—The manufacturers of tobacco products

12 may not employ non-tobacco names for their products un13 less such names were in use before January 1, 1995.

14 (c) COUPONS.—No manufacturer, distributor, or re15 tailer of tobacco products may distribute tobacco products

16 through the redemption of coupons except in face-to-face

17 transactions where proof of age is required.

18 SEC. 6. DEFINITION.

19 For purposes of this Act, the term ‘‘tobacco product’’

20 includes cigarettes, cigars, little cigars, pipe tobacco, and

21 smokeless tobacco.

22 SEC. 7. IMPLEMENTATION.

23 (a) EFFECTIVE DATE.—This Act shall take effect

24 upon the expiration of 180 days after the date of its enact25 ment.
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1 (b) ENFORCEMENT.—Violations of this Act shall be

2 enforced by the States through their health departments

3 or such other department as the State may designate.

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