Tobacco-Free Youth Act

Bill: 116-s-1541
Sponsor: full_name: Sen. McConnell, Mitch [R-KY]
Introduced: 2019-05-20
Policy area: Health
Subjects: Administrative law and regulatory procedures

Child health

Department of Health and Human Services

Drug, alcohol, tobacco use

Food and Drug Administration (FDA)

Health programs administration and funding

Health promotion and preventive care

Marketing and advertising

Retail and wholesale trades

State and local government operations
Latest action: action_date: 2019-05-20
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (Sponsor introductory remarks on measure: CR S2964-2967; text: CR S2967)

Summaries:
action_date: 2019-05-20
action_desc: Introduced in Senate
text: <p><b>Tobacco-Free Youth Act</b></p> <p>This bill raises the minimum age for purchasing tobacco products from 18 to 21.</p> <p>States that do not comply with this restriction are ineligible for certain grant funding.</p>

tv_txt: II 116th CONGRESS 1st Session S. 1541 IN THE SENATE OF THE UNITED STATES May 20, 2019 Mr. McConnell (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase the minimum age for sale of tobacco products to 21.

1. Short title This Act may be cited as the Tobacco-Free Youth Act . 2. Minimum age of sale of tobacco products (a) Establishing minimum age of 21 for sale of tobacco products Section 1926 of the Public Health Service Act ( 42 U.S.C. 300x–26 ) is amended— (1) in the section heading, by striking age of 18 and inserting age of 21 ; (2) by striking age of 18 each place such phrase appears and inserting age of 21 ; (3) in subsection (a)— (A) in paragraph (1), by striking fiscal year 1994 and inserting fiscal year 2021 ; and (B) in paragraph (2)— (i) by striking fiscal year 1993 and inserting fiscal year 2020 ; (ii) by striking fiscal year 1994 and inserting fiscal year 2021 ; and (iii) by striking fiscal year 1995 and inserting fiscal year 2022 ; and (4) in subsection (d)— (A) in paragraph (1), by striking 1995 and inserting 2022 ; (B) in paragraph (2)— (i) by striking 1994 and inserting 2021 ; and (ii) by striking the period and inserting ; and ; (C) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (D) by striking this section, the term and inserting “this section— (1) the term ; and (E) by adding at the end the following: (2) the term tobacco product has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act. . (b) FDA (1) In general Section 906(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387f(d) ) is amended— (A) in paragraph (3)(A)(ii), by striking 18 years and inserting 21 years ; and (B) by adding at the end the following: (5) Minimum age of sale It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age, consistent with section 1140.14 of title 21, Code of Federal Regulations (or any successor regulations). . (2) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall update regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387 et seq.) as appropriate to carry out the amendments made by paragraph (1). (c) Non-Preemption Nothing in the amendments made by subsection (a) or (b) shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco products to individuals below a minimum age, provided that such State or local law is in addition to, or more stringent than, Federal law.