148 
HR 1108 RFS 
‘‘(iv) is a temporary structure constructed, des-
ignated, and operated as a distinct enclosed area for 
the purpose of distributing free samples of smokeless 
tobacco in accordance with this subparagraph; and 
‘‘(v) is enclosed by a barrier that— 
‘‘(I) is constructed of, or covered with, an 
opaque material (except for entrances and 
exits); 
‘‘(II) extends from no more than 12 inches 
above the ground or floor (which area at the 
bottom of the barrier must be covered with ma-
terial that restricts visibility but may allow air-
flow) to at least 8 feet above the ground or 
floor (or to the ceiling); and 
‘‘(III) prevents persons outside the quali-
fied adult-only facility from seeing into the 
qualified adult-only facility, unless they make 
unreasonable efforts to do so; and 
‘‘(vi) does not display on its exterior— 
‘‘(I) any tobacco product advertising; 
‘‘(II) a brand name other than in conjunc-
tion with words for an area or enclosure to 
identify an adult-only facility; or 
‘‘(III) any combination of words that 
would imply to a reasonable observer that the 
VerDate Aug 31 2005 
03:52 Aug 02, 2008
Jkt 069002
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H1108.RFS
H1108
erowe on PRODPC61 with BILLS
149 
HR 1108 RFS 
manufacturer, distributor, or retailer has a 
sponsorship 
that 
would 
violate 
section 
897.34(c). 
‘‘(D) Distribution of samples of smokeless tobacco 
under this subparagraph permitted to be taken out of the 
qualified adult-only facility shall be limited to 1 package 
per adult consumer containing no more than 0.53 ounces 
(15 grams) of smokeless tobacco. If such package of 
smokeless tobacco contains individual portions of smoke-
less tobacco, the individual portions of smokeless tobacco 
shall not exceed 8 individual portions and the collective 
weight of such individual portions shall not exceed 0.53 
ounces (15 grams). Any manufacturer, distributor, or re-
tailer who distributes or causes to be distributed free sam-
ples also shall take reasonable steps to ensure that the 
above amounts are limited to one such package per adult 
consumer per day. 
‘‘(3) Notwithstanding subparagraph (2), no manufac-
turer, distributor, or retailer may distribute or cause to 
be distributed any free samples of smokeless tobacco— 
‘‘(A) to a sports team or entertainment group; 
or 
‘‘(B) at any football, basketball, baseball, soc-
cer, or hockey event or any other sporting or enter-
VerDate Aug 31 2005 
03:52 Aug 02, 2008
Jkt 069002
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H1108.RFS
H1108
erowe on PRODPC61 with BILLS
150 
HR 1108 RFS 
tainment event determined by the Secretary to be 
covered by this subparagraph. 
‘‘(4) The Secretary shall implement a program to en-
sure compliance with this paragraph and submit a report 
to the Congress on such compliance not later than 18 
months after the date of enactment of the Family Smok-
ing Prevention and Tobacco Control Act. 
‘‘(5) Nothing in this paragraph shall be construed to 
authorize any person to distribute or cause to be distrib-
uted any sample of a tobacco product to any individual 
who has not attained the minimum age established by ap-
plicable law for the purchase of such product.’’. 
(3) AMENDMENTS TO RULE.—Prior to making 
amendments to the rule published under paragraph 
(1), the Secretary shall promulgate a proposed rule 
in accordance with chapter 5 of title 5, United 
States Code. 
(4) RULE OF CONSTRUCTION.—Except as pro-
vided in paragraph (3), nothing in this section shall 
be construed to limit the authority of the Secretary 
to amend, in accordance with chapter 5 of title 5, 
United States Code, the regulation promulgated pur-
suant to this section, including the provisions of 
such regulation relating to distribution of free sam-
ples. 
VerDate Aug 31 2005 
03:52 Aug 02, 2008
Jkt 069002
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H1108.RFS
H1108
erowe on PRODPC61 with BILLS