S. 1541

Tobacco-Free Youth Act

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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.