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104TH CONGRESS

2D SESSION H. R. 4245

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

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 27, 1996

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

the Committee on Commerce

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 ‘‘Tobacco Youth Access

5 Act’’.

6 SEC. 2. ACCESS.

7 (a) VENDING MACHINES.—Vending machines may be

8 used to sell tobacco products only in an area or establish9 ment from which individuals under the minimum age pre10 scribed by subsection (b) are denied access.
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1 (b) MINIMUM AGE.—No manufacturer, distributor,

2 or retailer of tobacco products may sell a tobacco product

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

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

5 distributor, or retailer of tobacco products may sell to6 bacco products in that State to an individual who is less

7 than such higher age.

8 (c) PACKAGES OF CIGARETTES.—Only cigarettes in

9 a package of 20 cigarettes may be sold or distributed by

10 a manufacturer, distributor, or retailer of tobacco prod11 ucts .

12 (d) SAMPLING.—No manufacturer, distributor, or re13 tailer of tobacco products may offer or distribute tobacco

14 products for sampling except in an area or establishment

15 from which individuals under the minimum age prescribed

16 by subsection (c) are denied access.

17 SEC. 3. SALES.

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

19 prominently place in the areas of their establishments

20 where tobacco products are sold signs which indicate the

21 minimum age for the purchase of tobacco products pre22 scribed by section 2(c) and the proof of age requirements

23 which shall include the presentation of a card identifying

24 the purchaser with a photograph.
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1 (b) CERTIFICATION.—Retailers of tobacco products

2 and their employees shall sign an annual certification of

3 a knowledge of the minimum age requirement for the pur4 chase of tobacco products and of the intention to enforce

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

6 of the State government with authority over the minimum

7 age requirement for the purchase of tobacco products.

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

9 products and their employees shall ensure that all sales

10 transactions involving tobacco products are conducted

11 face-to-face.

12 SEC. 4. COUPONS AND COINS.

13 No manufacturer, distributor, or retailer of tobacco

14 products may distribute tobacco products through the re15 demption of coupons or coins except in face-to-face trans16 actions where proof of age is required as established by

17 section 2(c).

18 SEC. 5. BLOCK GRANTS UNDER SECTION 1926.

19 If a State does not have in effect laws and regulations

20 which require that access to tobacco products, the sales

21 of tobacco products, and the use of coupons and coins in

22 the distribution of tobacco products will occur only as pre23 scribed by sections 2, 3, and 4, the Secretary of Health

24 and Human Services shall terminate any grant the State

25 may have received under section 1926 of the Public Health
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1 Service Act and shall not make another grant under such

2 section to such State until it has in effect laws and regula3 tions which require compliance with sections 2, 3, and 4.

4 SEC. 6. PREEMPTION.

5 This Act shall not be construed as affecting the au6 thority of the Food and Drug Administration with respect

7 to tobacco products.

8 SEC. 7. DEFINITION.

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

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

11 smokeless tobacco.

12 SEC. 9. EFFECTIVE DATE.

13 This Act shall take effect upon the expiration of 180

14 days after the date of its enactment.

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