I 
116TH CONGRESS 
1ST SESSION H. R. 2084 
To amend the Federal Food, Drug, and Cosmetic Act to raise the minimum 
age restriction with respect to the sale of tobacco products, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 4, 2019 
Mr. ADERHOLT (for himself and Mr. VARGAS) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act to 
raise the minimum age restriction with respect to the 
sale 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 ‘‘Stopping Consumption 
of Tobacco by Teens Act of 2019’’ or the ‘‘SCOTT Act 
of 2019’’. 
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SEC. 2. MINIMUM AGE RESTRICTIONS FOR SALE OF TO-
BACCO PRODUCTS. 
(a) 
MINIMUM
AGE
RESTRICTIONS.—Section 
906(d)(3) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 387f(d)(3)) is amended— 
(1) by amending subparagraph (A) to read as 
follows: 
‘‘(A) FACE-TO-FACE
TRANSACTIONS.—No 
restrictions under paragraph (1) may prohibit 
the sale of any tobacco product in face-to-face 
transactions by a specific category of retail out-
lets.’’; and 
(2) by adding at the end the following: 
‘‘(C) MINIMUM AGE RESTRICTIONS.— 
‘‘(i) RESTRICTION.—It shall be unlaw-
ful to sell or distribute a tobacco product 
to any person younger than 21 years of 
age. 
‘‘(ii) ENFORCEMENT.—The Secretary 
of Health and Human Services is author-
ized to enforce the prohibition under clause 
(i) and shall take necessary action to en-
force such prohibition, including, as appro-
priate— 
‘‘(I) conducting undercover com-
pliance checks, performing retailer in-
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spections, initiating enforcement ac-
tions for noncompliance, and taking 
any other measures appropriate to 
help ensure nationwide compliance 
with such prohibition; and 
‘‘(II) establishing requirements 
that retailers check identification to 
ensure compliance with clause (i) (in-
cluding increasing the minimum age 
for which the checking of such identi-
fication is not required, which shall be 
greater than the minimum age under 
clause (i)) or issuing guidance con-
cerning the responsibility of retailers 
to ensure such compliance. 
‘‘(iii) REGULATIONS.—Not later than 
2 years after the date of the enactment of 
the SCOTT Act of 2019, the Secretary 
shall revise the regulations issued under 
paragraph (1) to implement and enforce 
clauses (i) and (ii).’’. 
(b) 
PROHIBITION
AGAINST
REMOTE
RETAIL 
SALES.—Section 906(d)(4) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 387f(d)(4)) is amended by 
adding at the end the following: 
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‘‘(C) VAPOR PRODUCTS.— 
‘‘(i) IN GENERAL.—Not later than 2 
years after the date of the enactment of 
the SCOTT Act of 2019, the Secretary 
shall issue regulations or revise the regula-
tions issued under clause (i) and (ii) of 
subparagraph (A) to require age verifica-
tion with respect to remote sales of vapor 
products. 
‘‘(ii) 
CONTENT.—Such 
regulations 
shall, at a minimum, provide— 
‘‘(I) that a delivery seller of 
vapor products— 
‘‘(aa) shall not sell, deliver, 
or cause to be delivered any 
vapor products to a person under 
the minimum age required for 
the legal sale or purchase of 
vapor products, as determined by 
the applicable law at the place of 
delivery; 
‘‘(bb) shall not accept a de-
livery sale order from a person 
without— 
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ing, at the place of delivery, the 
signature of a person who is not 
younger than the minimum age 
described in item (aa); 
‘‘(II) that no database being used 
for age and identity verification pur-
suant to subclause (I)(bb)(BB) shall 
be in the possession or under the con-
trol of the delivery seller, or be subject 
to any changes or supplementation by 
the delivery seller; and 
‘‘(III) for definitions of the terms 
‘delivery sale’, ‘delivery seller’, ‘online 
marketplace’, and ‘vapor products’. 
‘‘(iii) DEFINITIONS.—To the extent 
the Secretary determines is appropriate 
and practicable, in issuing regulations re-
ferred to in clause (ii)(III), the Secretary 
shall define the terms specified in such 
clause consistent with the following defini-
tions: 
‘‘(I) The term ‘delivery sale’ 
means a sale of vapor products in 
which— 
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‘‘(aa) the consumer submits 
the order for the sale by means 
of a telephone or other method of 
voice transmission, the mail or 
common carrier, or the Internet 
or other online service, or the 
seller is otherwise not in the 
physical presence of the buyer 
when the request for purchase or 
order is made; or 
‘‘(bb) the vapor products are 
delivered to the buyer by common 
carrier, private delivery service, 
or other method of remote deliv-
ery, or the seller is not in the 
physical presence of the buyer 
when the buyer obtains posses-
sion of the vapor products. 
‘‘(II) The term ‘delivery seller’ 
means a person who makes a delivery 
sale, or provides an online market-
place to facilitate a delivery sale. 
‘‘(III) The term ‘online market-
place’ means an online portal or other 
digital or similar platform that facili-
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tates the sale of products to con-
sumers, through retail sale, auction, 
or similar transactions. 
‘‘(IV) The term ‘vapor prod-
uct’— 
‘‘(aa) means any non-com-
bustible product that employs a 
heating element, power source, 
electronic circuit, or other elec-
tronic, chemical, or mechanical 
means, regardless of shape or 
size, to produce vapor from nico-
tine in a solution or other form; 
‘‘(bb) includes any electronic 
cigarette, electronic cigar, elec-
tronic cigarillo, electronic pipe, or 
similar product or device, and 
any vapor cartridge or other con-
tainer of nicotine in a solution or 
other form; and 
‘‘(cc) does not include a 
drug or device.’’. 
Æ 
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