I
104TH CONGRESS
1ST SESSION
H. R. 2414
To establish the Federal authority to regulate tobacco and other tobacco
products containing nicotine.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1995
Mr. BAESLER introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To establish the Federal authority to regulate tobacco and
other tobacco products containing nicotine.
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 ‘‘Youth Smoking Pre-
vention Act of 1995’’.
SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER
PRODUCTS CONTAINING NICOTINE.
(a) FOOD AND DRUG ADMINISTRATION.—The Sec-
retary of Health and Human Services does not have any
authority under—
(1) the Federal Food, Drug, and Cosmetic Act,
(2) the Federal Cigarette Labeling and Adver-
tising Act, or
(3) the Comprehensive Smokeless Tobacco
Health Education Act of 1986,
to regulate the manufacture, labeling, sale, distribution,
and advertising and promotion of tobacco and other to-
bacco products containing nicotine.
(b) FEDERAL AUTHORITY.—The Federal authority
to regulate the sale, distribution, and advertising and pro-
motion of tobacco and other tobacco products containing
nicotine is established as a condition to the receipt by
States of the Federal preventive health and health services
block grant.
SEC. 3. REGULATION OF STATE AUTHORITY.
(a) IN GENERAL.—Section 1926(a)(1) of the Public
Health Service Act (42 U.S.C. sec. 300x–26(a)(1)) is
amended to read as follows:
‘‘(1) IN GENERAL.—Subject to paragraph (2),
for fiscal year 1997 and subsequent fiscal years, the
Secretary may make a grant under section 1921
only if the State involved has in effect a law which
provides the following:
‘‘(A) MINORS.—
‘‘(i) SALES.—It shall be unlawful to
sell tobacco and other tobacco products
containing nicotine to an individual under
the age of 18. Tobacco and other tobacco
products containing nicotine may be sold
only to individuals who present a document
containing the individual’s photograph and
date of birth. Any person who violates this
paragraph shall be fined in the amount
that a person who sells alcoholic beverages
to a minor is fined under State law.
‘‘(ii) PURCHASE.—It shall be unlawful
for an individual under the age of 18 to
purchase any tobacco and other tobacco
product containing nicotine. Any individual
who violates this paragraph for the first
time shall be fined not more than $100, re-
quired to perform community service, or
required to attend education and training
in the hazards of smoking. Any individual
who violates this paragraph more than
once shall be fined not more than $100, re-
quired to perform community service, and
required to attend education and training
in the hazards of smoking. Such education
and training shall be funded by the fines
collected under this paragraph.
‘‘(iii) IDENTIFICATION.—It shall be
unlawful for an individual to present iden-
tification for the purchase of tobacco and
other tobacco products containing nicotine
which is false. Any individual who violates
this paragraph shall be fined not more
than $250, required to perform community
service, and required to attend education
and training in the hazards of smoking.
‘‘(B) SALES OF SPECIFIC PRODUCTS.—It
shall be unlawful to sell—
‘‘(i) individual cigarettes, and
‘‘(ii) packages of cigarettes which con-
tain less than 20 cigarettes.
Any person who violates this subsection shall be
fined in the amount that a person who sells al-
coholic beverages to a minor is fined under
State law.
‘‘(C) VENDING
MACHINES.—No person,
firm, partnership, company, or corporation shall
operate a vending machine which dispenses
cigarettes or smokeless tobacco products unless
such vending machine is in a location that is in
plain view and under the direct supervision and
control of the individual in charge of the loca-
tion or such individual’s designated agent or
employee, except that this subparagraph shall
not apply in the case of a vending machine that
is located—
‘‘(i) at a private club;
‘‘(ii) at a bar or bar area of a food
service establishment;
‘‘(iii) at a factory, warehouse, tobacco
business, or any other place of employment
which has an insignificant portion of its
regular workforce comprised of individuals
under the age of 18 years and only if such
machines are located in an area that is not
accessible to the general public;
‘‘(iv) in any place if the vending ma-
chine is equipped with a device which con-
trols the sale of tobacco products from the
machine to individuals under the age of
18; or
‘‘(v) in such other location or made
available in another manner that is ex-
pressly permitted under applicable State
law.
‘‘(D) SELF-SERVICE
DISPLAYS.—It shall
be unlawful to make tobacco and other tobacco
products containing nicotine available to indi-
viduals under the age of 18 in self-service dis-
plays which are not under the supervision of an
individual over the age of 18. Any person who
violates this subsection shall be fined in the
amount that a person who sells alcoholic bev-
erages to a minor is fined under State law.
‘‘(E) SAMPLES.—It shall be unlawful to
distribute free samples of tobacco and other to-
bacco products containing nicotine to individ-
uals under the age of 18 through the mail or
otherwise. Any person who violates this sub-
paragraph shall be fined in the amount that a
person who sells alcoholic beverages to a minor
is fined under State law.
‘‘(F) USE OF MAIL.—It shall be unlawful
to distribute tobacco and other tobacco products
containing nicotine through the mail to individ-
uals under the age of 18. Such tobacco prod-
ucts when distributed through the mails is non-
mailable matter and such distribution shall be
penalized in accordance with chapter 30 of title
39, United States Code.
‘‘(G) GENERAL REQUIREMENTS APPLICA-
BLE
TO
SALES.—Tobacco and other tobacco
products containing nicotine which are offered
for sale at retail must be in the sight and con-
trol of the person responsible for making the
sales. Any person offering such products for
sale at retail shall post, in accordance with reg-
ulations of the State, signs stating the mini-
mum purchase age, stating health warnings,
and stating the penalties for violations of the
requirements of this paragraph. Any person
who violates this subparagraph shall be fined in
the amount that a person who sells alcoholic
beverages to a minor is fined under State law.
‘‘(H) 
NOTICE
TO
EMPLOYEES.—Each
owner of a retail establishment which sells to-
bacco and other tobacco products containing
nicotine shall notify each individual employed in
the establishment as a retail sales clerk that the
sale of tobacco and such products to individuals
under the age of 18 and the purchase by such
individuals of tobacco and such products are
prohibited. Such notice shall be provided to
such an employee before such employee begins
work as a retail sales clerk or if such work has
been begun, within 30 days of the date of the
enactment of this paragraph. Such an employee
shall sign a form stating that such employee
has been notified of the prohibited acts. Such
an owner shall retain such forms and make
them available to persons conducting inspec-
tions under this paragraph. An owner who fails
to make such notice or retain such a form shall
be fined not less than $100 and not more than
$250.
‘‘(I) LICENSES.—No person may engage in
the retail sale of cigarettes without a license is-
sued for such purpose by the State. The license
shall be—
‘‘(i) issued in accordance with such
system,
‘‘(ii) issued for such fee, and
‘‘(iii) issued for such term,
as the State shall establish. The State shall es-
tablish penalties (including loss of license) for
sales without a license and other sales in viola-
tion of this paragraph.
‘‘(J) 
STATE
RESPONSIBILITIES.—The
State shall conduct annual random unan-
nounced inspections of over-the-counter and
vending machine outlets for the sale of tobacco
and other tobacco products containing nicotine
to assure that sales of tobacco and other to-
bacco products containing nicotine are being
made in accordance with this paragraph so that
individuals under the age of 18 do not have ac-
cess to tobacco and other tobacco products con-
taining nicotine.
‘‘(K) ADVERTISING.—
‘‘(i) BILLBOARDS.—Billboards which
advertise tobacco and other tobacco prod-
ucts containing nicotine may not be placed
within the line of sight of any individual in
a school or in an area designated as a
playground.
‘‘(ii) BRAND
NAMES
AND
LOGOS.—
The brand name or logo of a manufacturer
of tobacco and other tobacco products con-
taining nicotine may not be placed on any
item marketed specifically to minors, in-
cluding toys and video games.’’.
(b) CONFORMING AMENDMENTS.—Section 1926 of
the Public Health Service Act (42 U.S.C. sec. 300x–26)
is amended—
(1) in subsection (a)(2), by striking ‘‘1993’’ and
inserting ‘‘1997’’;
(2) in subsection (a)(2), by striking ‘‘1994’’ and
inserting ‘‘1998’’; and
(3) in subsection (a)(2), by striking ‘‘1995’’ and
inserting ‘‘1999’’;
(4) in subsection (d)(1), by striking ‘‘1995’’
and inserting ‘‘1999’’; and
(5) in subsection (d)(2), by striking ‘‘1994’’
and inserting ‘‘1998’’.
(c) NONCOMPLIANCE.—Section 1926(c) of the Public
Health Service Act (42 U.S.C. sec. 300x–26(c)) is
amended—
(1) in paragraph (1), by striking ‘‘10 percent’’
and inserting ‘‘20 percent’’;
(2) in paragraph (2), by striking ‘‘20 percent’’
and inserting ‘‘40 percent’’;
(3) in paragraph (3), by striking ‘‘30 percent’’
and inserting ‘‘60 percent’’; and
(4) in paragraph (4), by striking ‘‘40 percent’’
and inserting ‘‘80 percent’’.
(d) ENFORCEMENT.—Section 1926 of the Public
Health Service Act (42 U.S.C. sec. 300x–26) is amended
by adding at the end thereof the following:
‘‘(e) ENFORCEMENT.—Any amounts made available
to a State through a grant under section 1921 may be
used to enforce the laws described in subsection (a).’’.
SEC. 4. REPORT.
The Secretary of Health and Human Services shall
make an annual report to the Congress on the actions
taken by the States in compliance with section 1926(a)(1)
of the Public Health Service Act as amended by section
3.
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