I
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.
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 ‘‘Tobacco Youth Access
Act’’.
SEC. 2. ACCESS.
(a) VENDING MACHINES.—Vending machines may be
used to sell tobacco products only in an area or establish-
ment from which individuals under the minimum age pre-
scribed by subsection (b) are denied access.
(b) MINIMUM AGE.—No manufacturer, distributor,
or retailer of tobacco products may sell a tobacco product
to an individual who is less than 18 years old, except that
if a State has established a higher age, no manufacturer,
distributor, or retailer of tobacco products may sell to-
bacco products in that State to an individual who is less
than such higher age.
(c) PACKAGES OF CIGARETTES.—Only cigarettes in
a package of 20 cigarettes may be sold or distributed by
a manufacturer, distributor, or retailer of tobacco prod-
ucts .
(d) SAMPLING.—No manufacturer, distributor, or re-
tailer of tobacco products may offer or distribute tobacco
products for sampling except in an area or establishment
from which individuals under the minimum age prescribed
by subsection (c) are denied access.
SEC. 3. SALES.
(a) SIGNS.—Retailers of tobacco products shall
prominently place in the areas of their establishments
where tobacco products are sold signs which indicate the
minimum age for the purchase of tobacco products pre-
scribed by section 2(c) and the proof of age requirements
which shall include the presentation of a card identifying
the purchaser with a photograph.
(b) CERTIFICATION.—Retailers of tobacco products
and their employees shall sign an annual certification of
a knowledge of the minimum age requirement for the pur-
chase of tobacco products and of the intention to enforce
such age. Such certification shall be given to the office
of the State government with authority over the minimum
age requirement for the purchase of tobacco products.
(c) FACE-TO-FACE SALES.—The retailers of tobacco
products and their employees shall ensure that all sales
transactions involving tobacco products are conducted
face-to-face.
SEC. 4. COUPONS AND COINS.
No manufacturer, distributor, or retailer of tobacco
products may distribute tobacco products through the re-
demption of coupons or coins except in face-to-face trans-
actions where proof of age is required as established by
section 2(c).
SEC. 5. BLOCK GRANTS UNDER SECTION 1926.
If a State does not have in effect laws and regulations
which require that access to tobacco products, the sales
of tobacco products, and the use of coupons and coins in
the distribution of tobacco products will occur only as pre-
scribed by sections 2, 3, and 4, the Secretary of Health
and Human Services shall terminate any grant the State
may have received under section 1926 of the Public Health
Service Act and shall not make another grant under such
section to such State until it has in effect laws and regula-
tions which require compliance with sections 2, 3, and 4.
SEC. 6. PREEMPTION.
This Act shall not be construed as affecting the au-
thority of the Food and Drug Administration with respect
to tobacco products.
SEC. 7. DEFINITION.
For purposes of this Act, the term ‘‘tobacco product’’
includes cigarettes, cigars, little cigars, pipe tobacco, and
smokeless tobacco.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect upon the expiration of 180
days after the date of its enactment.
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