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 restric-
tions 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 Con-
trol Act to increase certain civil penalties applicable to 
violations of certain restrictions on the sale and distribu-
tion of tobacco products, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nicotine Or Vaping 
Access Protection and Enforcement Act of 2019’’ or the 
‘‘NO VAPE Act of 2019’’. 
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SEC. 2. INCREASING CIVIL PENALTIES APPLICABLE TO 
CERTAIN VIOLATIONS OF RESTRICTIONS ON 
SALE AND DISTRIBUTION OF TOBACCO PROD-
UCTS. 
(a) PENALTIES.—Paragraph (2) of section 103(q) of 
the Family Smoking Prevention and Tobacco Control Act 
(21 U.S.C. 333 note) is amended to read as follows: 
‘‘(A) IN
GENERAL.—The amount of the 
civil penalty to be applied for violations of re-
strictions promulgated under section 906(d), as 
described in paragraph (1), shall be as follows: 
‘‘(i) With respect to a retailer with an 
approved training program, the amount of 
the civil penalty shall not exceed— 
‘‘(I) in the case of the first viola-
tion, $300; 
‘‘(II) in the case of a second vio-
lation within a 12-month period, 
$500; 
‘‘(III) in the case of a third viola-
tion 
within 
a 
24-month 
period, 
$1,000; 
‘‘(IV) in the case of a fourth vio-
lation within a 24-month period, 
$4,000; 
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‘‘(V) in the case of a fifth viola-
tion 
within 
a 
36-month 
period, 
$10,000; and 
‘‘(VI) in the case of a sixth or 
subsequent violation within a 48- 
month period, $20,000 as determined 
by the Secretary on a case-by-case 
basis. 
‘‘(ii) With respect to a retailer that 
does not have an approved training pro-
gram, the amount of the civil penalty shall 
not exceed— 
‘‘(I) in the case of the first viola-
tion, $500; 
‘‘(II) in the case of a second vio-
lation within a 12-month period, 
$1,000; 
‘‘(III) in the case of a third viola-
tion 
within 
a 
24-month 
period, 
$2,000; 
‘‘(IV) in the case of a fourth vio-
lation within a 24-month period, 
$4,000; 
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‘‘(V) in the case of a fifth viola-
tion 
within 
a 
36-month 
period, 
$10,000; and 
‘‘(VI) in the case of a sixth or 
subsequent violation within a 48- 
month period, $20,000 as determined 
by the Secretary on a case-by-case 
basis.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies with respect to a violation of a restric-
tion promulgated under section 906(d)(1) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), as 
described in section 103(q)(1) of the Family Smoking Pre-
vention and Tobacco Control Act (21 U.S.C. 333 note), 
occurring on or after the date that is 6 months after the 
enactment of this Act. The penalties specified in such sec-
tion 103(q)(1), as in effect on the day before such date, 
shall continue to apply to violations occurring before such 
date. 
SEC. 3. MANDATORY AGE VERIFICATION FOR ALL RETAIL 
PURCHASERS OF TOBACCO PRODUCTS. 
(a) IN GENERAL.—Subsection (d) of section 906 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
387f) is amended by adding at the end the following new 
paragraph: 
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‘‘(5) AGE VERIFICATION.— 
‘‘(A) REQUIREMENT.—The Secretary shall 
by regulation require, in any retail sale of a to-
bacco product, verification of the purchaser’s 
age by means of photographic identification 
containing the bearer’s date of birth. 
‘‘(B) NO
EXCEPTION
FOR
OLDER
PUR-
CHASERS.—The age verification requirement 
promulgated under subparagraph (A) shall not 
include any exception for any purchaser, includ-
ing any purchaser above a specified age.’’. 
(b) REGULATIONS.—The Secretary of Health and 
Human Services, acting through the Commissioner of 
Food and Drugs, shall promulgate a final regulation pur-
suant to section 906(d)(5) of the Federal Food, Drug, and 
Cosmetic Act, as added by subsection (a), not later than 
6 months after the date of enactment of this Act. 
SEC. 4. STUDY AND REPORT ON E-CIGARETTES. 
Not later than 5 years after the date of enactment 
of this Act, the Director of the Centers for Disease Control 
and Prevention shall— 
(1) complete a study on— 
(A) the relationship of e-cigarettes to to-
bacco cessation; 
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(B) the perception of the harmful effects of 
e-cigarettes; and 
(C) the environmental effects of e-cigarette 
emissions; and 
(2) submit to the Congress a report on the re-
sults of such study. 
Æ 
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