An Act to extend public health protection with respect to cigarette smoking, and for other purposes
PL 91-222 (H.R.6543), enacted 04/01/1970

84 STAT. ] 
PUBLIC LAW 91-222-APR. 1, 1970 
87 
Public Law 91-221 
AN ACT 
March 31. 1970 
To authorize appropriations for the saline water conversion program for 
fiscal 
[H. R. I5700] 
year 1971, and for other purposes. 
Saline water 
conversion pro-
gram. 
78. 
82 Stat. 110. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That there is author-
ized to be appropriated to carry out the provisions of the Saline Water 
Conversion Act (66 Stat. 328), as amended (42 U.S.C. 1951 et seq.) 
Appropriations. 
during fiscal year 1971 the sum of $28,873,000, to remain available g/staJ!'' "^' 
until expended, as follows: 
(1) Research and development operating expenses, not more 
than $16,150,000: Provided^ That, notwithstanding the provisions 
of section 8 of the Saline Water Conversion Act (66 Stat. 328), as 
amended (42 U.S.C. 1958), not to exceed $100,000 of such amount 
may be obligated for the procurement of research services 
through contract with institutions or individuals in foreign 
countries; 
(2) Design, construction, acquisition, modification, operation, 
and maintenance of saline water conversion test beds and test 
facilities, not more than $5,000,000; 
(3) Design, construction, acquisition, modification, operation, 
and maintenance of saline water conversion modules, not more 
than $5,345^000; and 
(4) Admmistration and coordination, not more than $2,378,000. 
(b) Expenditures and obligations under any of the items in this 
section, except item (4), may be increased by not more than 10 per 
centum if such increase is accompanied by an equal decrease in expend-
itures and obligations under one or more of the other items, including 
item (4). 
Approved March 31, 1970. 
Public Law 91-222 
A N A C T 
^p^.j j ^ jg^Q 
To extend public health protection with respect to cigarette smoking and for 
[H. R. 6543] 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That this Act may pi^^^ilt'e^^okir 
be cited as the "Public Health Cigarette Smoking Act of 1969". 
Acl^of "969"° "
^ 
SEC. 2. Sections 2 through 10 of Public Laiw 89-92 (15 U.S.C. 1331-
1338) are amended to read as follows: 
79 stat. 282. 
' 
15 u s e 1331-
(( 
1339. 
DECLARATION OF POLICY 
"SEC. 2. It is the policy of the Congress, and the purpose of this Act, 
to establish a comprehensive Federal program to deal with cigarette 
labeling and advertising with respect to any relationship between 
smoking and health, whereby— 
"(1) the public may be adequately informed that cigarette 
smoking may be hazardous to health by inclusion of a warning to 
that effect on each package of cigarettes; and 
"(2) commerce and the national economy may be (A) protected 
to the maximum extent consistent with this declared policy and 
(B) not impeded by diverse, nonuniform, and confusing cigarette 
labeling and advertising regulations with respect to any relation-
ship between smoking and health. 
88 
PUBLIC LAW 91-222-APR. 1, 1970 
[84 STAT. 
"DEriNTTIONS 
"SKC. B. AS used in this Act— 
" (1) The term 'cigarette' means— 
"(A) any roll of tobacco wrapped in paper or in any sub-
stance not containing tobacco, and 
"(B) any roll of tobacco wrapped in any substance contain-
ing tobacco which, because of its appearance, the type of 
tobacco used in the filler, or its packaging and labeling, is 
likely to be offered to, or purchased by, consumers as a ciga-
rette described in subparagraph (A). 
"(2) The term 'commerce' means (A) commerce between any 
State, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, the Virgin Islands, American Samoa, "Wake Island, 
Midway Islands, Kingman Reef, or Johnston Island and any 
place outside thereof; (B) commerce between points in any State, 
the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, the Virgin Islands, American Samoa, Wake Island, Mid-
way Islands, Kingman Reef, or Johnston Island, but through any 
place outside thereof; or (C) commerce wholly within the Dis-
trict of Columbia, Guam, the Virgin Islands, American Samoa, 
Wake Island, Midway Islands, Kingman Reef, or Johnston 
Island. 
"(3) The term 'United States', when used in a geographical 
sense, includes the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the Virgin Islands, Ameri-
can Samoa, Wake Island, Midway Islands, Kingman Reef, and 
Johnston Island. The term 'State' includes any political division 
of any State. 
" (4) The term 'package' means a pack, box, carton, or container 
of any kind in which cigarettes are offered for sale, sold, or 
otherwise distributed to consumers. 
" (5) The term 'person' means an individual, partnership, corpo-
ration, or any other business or legal entity. 
"(6) The term 'sale or distribution' includes sampling or any 
other distribution not for sale. 
"LABELING 
"SEC. 4. It shall be unlawful for any person to manufacture, import, 
or package for sale or distribution within the United States any 
cigarettes the package of which fails to bear the following statement: 
'Warning: The Surgeon General Has Determined That Cigarette 
Smoking Is Dangerous to Your Health'. Such statement shall be 
located m a conspicuous place on every cigarette package and shall 
appear in conspicuous and legible type in contrast by typography, 
layout, or color with other printed matter on the package. 
"PREEMPTION 
"SEC. 5. (a) No statement relating to smoking and health, other 
than the statement required by section 4 of this Act, shall be required 
on any cigarette package. 
"(b) No requirement or prohibition based on smoking and health 
shall be imposed under State law with respect to the advertising or 
promotion of any cigarettes the packages of which are labeled in 
conformity with the provisions of this Act. 
84 STAT. ] 
PUBLIC LAW 91-222-APR. 1, 1970 
89 
UNLAWFUL ADVERTISEMENTS 
"SEC. 6. After January 1, 1971, it shall be unlawful to advertise 
Termination 
cigarettes on any medium of electronic communication subject to the '
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®
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jurisdiction of the Federal Communications Commission. 
(( 
FEDERAL TRADE COMMISSION 
"SEC. 7. (a) The Federal Trade Commission shall not take any 
action before July 1, 1971, with respect to its pending trade regula-
tion rule proceeding relating to cigarette advertising. If at any time 
Notification o
f 
on or after July 1, 1971, the Federal Trade Commission determines it °"^'^^^^' 
is necessary to take action with respect to such pending trade regula-
tion rule proceeding, it shall notify the Congress of the determina-
tion. Such notification shall include the text of the trade regulation 
rule and a full statement of the basis for such determination. No trade 
Trade regulation 
regulation rule adopted in such proceeding may take effect until six ^ ^'^ '^^ ^ ^' 
months after the Commission has notified the Congress of the text of 
such rule, in order that the Congress may act if it so desires. 
"(b) Except as provided in subsection (a), nothing in this Act shall 
be construed to limit, restrict, expand, or otherwise affect the authority 
of the Federal Trade Commission with respect to unfair or deceptive 
acts or practices in the advertising of cigarettes. 
"(c) Nothing in this Act shall be construed to affirm or deny the 
Federal Trade Commission's holding that it has the authority to 
issue trade regulation rules or to require an affirmative statement in 
any cigarette advertisement. 
"REPORTS 
"SEC. 8. (a) The Secretary of Health, Education, and Welfare shall 
Report to con-
transmit a report to the Congress not later than January 1,1971, and ^''^^^' 
annually thereafter, concerning (A) current information in the health 
consequences of smoking, and (B) such recommendations for legisla-
tion as he may deem appropriate. 
"(b) The Federal Trade Commission shall transmit a report to the 
Report to con-
Congress not later than January 1, 1971, and annually thereafter, 
concerning (A) the effectiveness of cigarette labeling, (B) current 
practices and methods of cigarette advertising and promotion, and 
(C) such recommendations for legislation as it may deem appropriate. 
" C R I M I N A L 
PENALTY 
"SEC. 9. Any person who violates the provisions of this Act shall be 
guilty of a misdemeanor and shall on conviction thereof be subject to 
a fine of not more than $10,000. 
gress. 
a INJUNCTION 
PROCEEDINGS 
"SEC. 10. The several district courts of the United States are invested 
with jurisdiction, for cause shown, to prevent and restrain violations 
of this Act upon the application of the Attorney General of the United 
States acting through tJie several United States attorneys in their 
several districts. 
" C I G A R E T T E S 
FOR EXPORT 
"SEC. 11. Packages of cigarettes manufactured, imported, or pack- 
Exemption, 
aged (1) for export from the United States or (2) for delivery to a 
90 
PUBLIC LAW 9 1 - 2 2 3 - A P R ! 3? 19^0 
[84 STAT. 
vessel or aircraft, as supplies, for consumption beyond the jurisdiction 
of the internal revenue laws of the United States shall be exempt 
from the requirements of this Act, but such exemptions shall not apply 
to cigarettes manufactured, imported, or packaged for sale or distribu-
tion to members or units of the Armed Forces of the United States 
located outside of the United States, 
j/a: .ri" 
*SBPARABILITr 
1 
K i 
"SEC. 12. If any provision of this Act or the application thereof to 
any person or circumstances is held invalid, the other provisions of 
this Act and the application of such provision to other persons or cir-
cumstances shall not be affected thereby." 
Effective dates. 
SEC. 3. Scctiou 5 of the amendment made by this Act shall take 
effect as of July 1,1969. Section 4 of the amendment made by this Act 
shall take effect on the first day of the seventh calendar month which 
begins after the date of the enactment of this Act. All other provisions 
of the amendment made by this Act except where otherwise specified 
shall take effect on January 1,1970. 
Approved April 1, 1970. 
"Kiblic Law 91-223 
April 3. 1970 
AN ACT 
[H. R. 3786] 
To authorize the appropriation of additional funds necessary for acquisition of 
land at the Point Reyes National Seashore in California. 
Be it enacted hy the Senate and House of Re'presentatives of the 
Point Reyes 
United States of America in Congress assembled, That section 8 of the 
shore?cam!' 
Act of SeptemW 13, 1962 (76 Stat. 538), as amended (16 U.S.C. 
Appropriation. 
459c-7), Is amended (a) by deleting "$19,135,000" and inserting 
80 Stat. 919. 
"$57,500,000", and (b) by changing the period at the end of the section 
to a colon and adding: '"''Provided, That no freehold, leasehold, or lesser 
interest in any lands hereafter acquired within the boundaries of the 
Point Reyes National Seashore shall be conveyed for residential or 
commercial purposes except for public accommodations, facilities, and 
services provided pursuant to the Act of October 9,1965 (Public Law 
1
6 use 20. 
89-249; 79 Stat. 969).". 
SEC. 2. (a) Section 3(a) of the Act of September 13,1962 (76 Stat. 
1
6 use 459C.2. 538), is amended by striking out the words "Except as provided in 
section 4, the," in the first sentence and inserting the word "The" in 
lieu thereof. 
RepeaL 
(b) Sectlou 4 Is hereby repealed. 
.. ,,^^ 
. 
^^^' ^^^ remaining sections of the Act of September 13, 1962 (76 
Stat. 538), are renumbered accordingly. 
16 use 459C-3. 
Approved April 3, 1970. 
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