I
104TH CONGRESS
2D SESSION
H. R. 3954
To restrict the access of youth to tobacco products, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1996
Mr. FOX of Pennsylvania introduced the following bill; which was referred to
the Committee on Commerce, and in addition to the Committee on Gov-
ernment Reform and Oversight, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
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 ‘‘Control of Youth Ac-
cess to Tobacco Act’’.
SEC. 2. ACCESS.
(a) VENDING MACHINES.—Vending machines may
not be used to sell tobacco products unless the age of the
users of such machines can be verified or admittance to
the sites of the vending machines is limited to individuals
18 or older.
(b) MAIL.—Tobacco products shall be considered
nonmailable matter for purposes of chapter 30 of title 39,
United States Code.
(c) 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.
(d) INDIVIDUAL AND SMALL PACKAGES OF CIGA-
RETTES.—No single cigarettes and no cigarettes in a
package of fewer than 20 cigarettes may be sold or distrib-
uted by a manufacturer, distributor, or retailer of tobacco
products.
(e) 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. ADVERTISING.
Outdoor advertising of tobacco products, including
outward facing window ads in retail establishments, shall
be banned within 1000 feet of any playground or elemen-
tary or secondary school and shall be banned in accord-
ance with such further restrictions as a State or political
subdivision of a State may impose.
SEC. 5. PROMOTION.
(a) IN GENERAL.—The promotion of tobacco prod-
ucts (including brand names, logos, characters, or any
other type of selling message) shall be banned in family
amusement centers, including video arcades, in or on video
games located in areas or establishments to which individ-
uals under the minimum age prescribed by section 2(c)
may gain access, or in accordance with such further re-
strictions on promotion as a State or political subdivision
of a State may impose.
(b) NAMES.—The manufacturers of tobacco products
may not employ non-tobacco names for their products un-
less such names were in use before January 1, 1995.
(c) COUPONS.—No manufacturer, distributor, or re-
tailer of tobacco products may distribute tobacco products
through the redemption of coupons except in face-to-face
transactions where proof of age is required.
SEC. 6. DEFINITION.
For purposes of this Act, the term ‘‘tobacco product’’
includes cigarettes, cigars, little cigars, pipe tobacco, and
smokeless tobacco.
SEC. 7. IMPLEMENTATION.
(a) EFFECTIVE DATE.—This Act shall take effect
upon the expiration of 180 days after the date of its enact-
ment.