Preventing Online Sales of E-Cigarettes to Children Act

Bill: 116-hr-3942
Sponsor: full_name: Rep. DeLauro, Rosa L. [D-CT-3]
Introduced: 2019-07-24
Policy area: Health
Subjects: Administrative law and regulatory procedures

Drug, alcohol, tobacco use

Postal service

State and local taxation

Tax administration and collection, taxpayers

U.S. Postal Service
Latest action: action_date: 2019-10-29
text: Received in the Senate.

Summaries:
action_date: 2019-07-24
action_desc: Introduced in House
text: <p><b>Preventing Online Sales of E-Cigarettes to Children Act</b></p> <p>This bill revises requirements regarding the sale and delivery of electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).</p> <p>Specifically, the bill</p> <ul> <li>subjects the sale and delivery of these systems to certain requirements, including tax, licensing, and labeling requirements; </li> <li>prohibits the sale and delivery of these systems to anyone under the legal age to purchase tobacco products; and</li> <li>requires the U.S. Postal Service to implement regulations to prohibit the mailing of these systems.</li> </ul> <p>The bill does not apply to products approved by the Food and Drug Administration for tobacco cessation or any other therapeutic purposes.</p>

action_date: 2019-10-28
action_desc: Passed House
text: <p><b>Preventing Online Sales of E-Cigarettes to Children Act</b></p> <p>This bill revises requirements regarding the sale and delivery of electronic nicotine delivery systems (e.g., e-cigarettes, e-hookah, e-cigars, and vape pens).</p> <p>Specifically, the bill</p> <ul> <li>subjects the sale and delivery of these systems to certain requirements, including tax, licensing, and labeling requirements; </li> <li>prohibits the sale and delivery of these systems to anyone under the legal age to purchase tobacco products; and</li> <li>requires the U.S. Postal Service to implement regulations to prohibit the mailing of these systems.</li> </ul> <p>The bill does not apply to products approved by the Food and Drug Administration for tobacco cessation or any other therapeutic purposes.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 3942 IN THE HOUSE OF REPRESENTATIVES July 24, 2019 Ms. DeLauro (for herself, Mr. Armstrong , Mr. Collins of Georgia , Mr. Raskin , Mr. Wilson of South Carolina , Mr. Correa , Mr. Womack , Ms. Lofgren , Mr. Duffy , Mr. Hill of Arkansas , Mr. Gallagher , and Mrs. Beatty ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

1. Short title This Act may be cited as the Preventing Online Sales of E-Cigarettes to Children Act . 2. Amendments to the Jenkins Act (a) In general The Act entitled An Act to assist States in collecting sales and use taxes on cigarettes , approved October 19, 1949 (commonly known as the Jenkins Act ) ( 15 U.S.C. 375 et seq.), is amended— (1) in section 1 ( 15 U.S.C. 375 )— (A) in paragraph (2)(A)(ii)— (i) by striking includes roll-your-own tobacco and inserting the following: “includes— (I) roll-your-own tobacco ; (ii) in subclause (I), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (II) an electronic nicotine delivery system. ; (B) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and (C) by inserting after paragraph (6) the following: (7) Electronic nicotine delivery system The term electronic nicotine delivery system — (A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; (B) includes— (i) an e-cigarette; (ii) an e-hookah; (iii) an e-cigar; (iv) a vape pen; (v) an advanced refillable personal vaporizer; (vi) an electronic pipe; and (vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and (C) does not include a product that is— (i) approved by the Food and Drug Administration for— (I) sale as a tobacco cessation product; or (II) any other therapeutic purpose; and (ii) marketed and sold solely for a purpose described in clause (i). ; and (2) in section 2A(b)(1) ( 15 U.S.C. 376a(b)(1) ), by inserting NICOTINE/ after CIGARETTES/ . (b) Effective date This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act. 3. Nonmailability of electronic nicotine delivery systems (a) Regulations Not later than 120 days after the date of enactment of this Act, the United States Postal Service shall promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, to electronic nicotine delivery systems, in accordance with the amendment to the definition of cigarette made by section 2. (b) Effective date The prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, shall apply to electronic nicotine delivery systems on and after the date on which the United States Postal Service promulgates regulations under subsection (a) of this section.

tv_txt: I 116th CONGRESS 1st Session H. R. 3942 IN THE HOUSE OF REPRESENTATIVES AN ACT To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

1. Short title This Act may be cited as the Preventing Online Sales of E-Cigarettes to Children Act . 2. Amendments to the Jenkins Act (a) In general The Act entitled An Act to assist States in collecting sales and use taxes on cigarettes , approved October 19, 1949 (commonly known as the Jenkins Act ) ( 15 U.S.C. 375 et seq.), is amended— (1) in section 1 ( 15 U.S.C. 375 )— (A) in paragraph (2)(A)(ii)— (i) by striking includes roll-your-own tobacco and inserting the following: “includes— (I) roll-your-own tobacco ; (ii) in subclause (I), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (II) an electronic nicotine delivery system. ; (B) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and (C) by inserting after paragraph (6) the following: (7) Electronic nicotine delivery system The term electronic nicotine delivery system — (A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; (B) includes— (i) an e-cigarette; (ii) an e-hookah; (iii) an e-cigar; (iv) a vape pen; (v) an advanced refillable personal vaporizer; (vi) an electronic pipe; and (vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and (C) does not include a product that is— (i) approved by the Food and Drug Administration for— (I) sale as a tobacco cessation product; or (II) any other therapeutic purpose; and (ii) marketed and sold solely for a purpose described in clause (i). ; and (2) in section 2A(b)(1) ( 15 U.S.C. 376a(b)(1) ), by inserting NICOTINE/ after CIGARETTES/ . (b) Effective date This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act. 3. Nonmailability of electronic nicotine delivery systems (a) Regulations Not later than 120 days after the date of enactment of this Act, the United States Postal Service shall promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, to electronic nicotine delivery systems, in accordance with the amendment to the definition of cigarette made by section 2. (b) Effective date The prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, shall apply to electronic nicotine delivery systems on and after the date on which the United States Postal Service promulgates regulations under subsection (a) of this section. 4. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives October 28, 2019. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 208 116th CONGRESS 1st Session H. R. 3942 [Report No. 116–260] IN THE HOUSE OF REPRESENTATIVES July 24, 2019 Ms. DeLauro (for herself, Mr. Armstrong , Mr. Collins of Georgia , Mr. Raskin , Mr. Wilson of South Carolina , Mr. Correa , Mr. Womack , Ms. Lofgren , Mr. Duffy , Mr. Hill of Arkansas , Mr. Gallagher , and Mrs. Beatty ) introduced the following bill; which was referred to the Committee on the Judiciary October 28, 2019 Additional sponsors: Mrs. Walorski , Mr. Welch , Mr. Larsen of Washington , Mr. Norman , Mr. Rush , Mr. Guest , Mr. Sensenbrenner , Mrs. McBath , Mr. Deutch , Ms. Bass , Ms. Scanlon , Mr. Joyce of Pennsylvania , Mr. Suozzi , Mr. Reschenthaler , Mr. Johnson of Georgia , Mr. Neguse , Mr. Palazzo , Mr. Cohen , Mr. Burgess , Mr. Rodney Davis of Illinois , and Mr. DeSaulnier October 28, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

1. Short title This Act may be cited as the Preventing Online Sales of E-Cigarettes to Children Act . 2. Amendments to the Jenkins Act (a) In general The Act entitled An Act to assist States in collecting sales and use taxes on cigarettes , approved October 19, 1949 (commonly known as the Jenkins Act ) ( 15 U.S.C. 375 et seq.), is amended— (1) in section 1 ( 15 U.S.C. 375 )— (A) in paragraph (2)(A)(ii)— (i) by striking includes roll-your-own tobacco and inserting the following: “includes— (I) roll-your-own tobacco ; (ii) in subclause (I), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (II) an electronic nicotine delivery system. ; (B) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and (C) by inserting after paragraph (6) the following: (7) Electronic nicotine delivery system The term electronic nicotine delivery system — (A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; (B) includes— (i) an e-cigarette; (ii) an e-hookah; (iii) an e-cigar; (iv) a vape pen; (v) an advanced refillable personal vaporizer; (vi) an electronic pipe; and (vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and (C) does not include a product that is— (i) approved by the Food and Drug Administration for— (I) sale as a tobacco cessation product; or (II) any other therapeutic purpose; and (ii) marketed and sold solely for a purpose described in clause (i). ; and (2) in section 2A(b)(1) ( 15 U.S.C. 376a(b)(1) ), by inserting NICOTINE/ after CIGARETTES/ . (b) Effective date This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act. 3. Nonmailability of electronic nicotine delivery systems (a) Regulations Not later than 120 days after the date of enactment of this Act, the United States Postal Service shall promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, to electronic nicotine delivery systems, in accordance with the amendment to the definition of cigarette made by section 2. (b) Effective date The prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, shall apply to electronic nicotine delivery systems on and after the date on which the United States Postal Service promulgates regulations under subsection (a) of this section.

October 28, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: II 116th CONGRESS 1st Session H. R. 3942 IN THE SENATE OF THE UNITED STATES October 29, 2019 Received AN ACT To apply requirements relating to delivery sales of cigarettes to delivery sales of electronic nicotine delivery systems, and for other purposes.

1. Short title This Act may be cited as the Preventing Online Sales of E-Cigarettes to Children Act . 2. Amendments to the Jenkins Act (a) In general The Act entitled An Act to assist States in collecting sales and use taxes on cigarettes , approved October 19, 1949 (commonly known as the Jenkins Act ) ( 15 U.S.C. 375 et seq.), is amended— (1) in section 1 ( 15 U.S.C. 375 )— (A) in paragraph (2)(A)(ii)— (i) by striking includes roll-your-own tobacco and inserting the following: “includes— (I) roll-your-own tobacco ; (ii) in subclause (I), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (II) an electronic nicotine delivery system. ; (B) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and (C) by inserting after paragraph (6) the following: (7) Electronic nicotine delivery system The term electronic nicotine delivery system — (A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; (B) includes— (i) an e-cigarette; (ii) an e-hookah; (iii) an e-cigar; (iv) a vape pen; (v) an advanced refillable personal vaporizer; (vi) an electronic pipe; and (vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and (C) does not include a product that is— (i) approved by the Food and Drug Administration for— (I) sale as a tobacco cessation product; or (II) any other therapeutic purpose; and (ii) marketed and sold solely for a purpose described in clause (i). ; and (2) in section 2A(b)(1) ( 15 U.S.C. 376a(b)(1) ), by inserting NICOTINE/ after CIGARETTES/ . (b) Effective date This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act. 3. Nonmailability of electronic nicotine delivery systems (a) Regulations Not later than 120 days after the date of enactment of this Act, the United States Postal Service shall promulgate regulations to clarify the applicability of the prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, to electronic nicotine delivery systems, in accordance with the amendment to the definition of cigarette made by section 2. (b) Effective date The prohibition on mailing of cigarettes under section 1716E of title 18, United States Code, shall apply to electronic nicotine delivery systems on and after the date on which the United States Postal Service promulgates regulations under subsection (a) of this section. 4. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives October 28, 2019. Cheryl L. Johnson, Clerk