[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3954 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3954

  To restrict the access of youth to tobacco products, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1996

   Mr. Fox of Pennsylvania introduced the following bill; which was 
referred to the Committee on Commerce, and in addition to the Committee 
  on Government Reform and Oversight, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To restrict the access of youth to tobacco products, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Control of Youth Access to Tobacco 
Act''.

SEC. 2. ACCESS.

    (a) Vending Machines.--Vending machines may not be used to sell 
tobacco products unless the age of the users of such machines can be 
verified or admittance to the sites of the vending machines is limited 
to individuals 18 or older.
    (b) Mail.--Tobacco products shall be considered nonmailable matter 
for purposes of chapter 30 of title 39, United States Code.
    (c) Minimum Age.--No manufacturer, distributor, or retailer of 
tobacco products may sell a tobacco product to an individual who is 
less than 18 years old, except that if a State has established a higher 
age, no manufacturer, distributor, or retailer of tobacco products may 
sell tobacco products in that State to an individual who is less than 
such higher age.
    (d) Individual and Small Packages of Cigarettes.--No single 
cigarettes and no cigarettes in a package of fewer than 20 cigarettes 
may be sold or distributed by a manufacturer, distributor, or retailer 
of tobacco products.
    (e) Sampling.--No manufacturer, distributor, or retailer of tobacco 
products may offer or distribute tobacco products for sampling except 
in an area or establishment from which individuals under the minimum 
age prescribed by subsection (c) are denied access.

SEC. 3. SALES.

    (a) Signs.--Retailers of tobacco products shall prominently place 
in the areas of their establishments where tobacco products are sold 
signs which indicate the minimum age for the purchase of tobacco 
products prescribed by section 2(c) and the proof of age requirements 
which shall include the presentation of a card identifying the 
purchaser with a photograph.
    (b) Certification.--Retailers of tobacco products and their 
employees shall sign an annual certification of a knowledge of the 
minimum age requirement for the purchase of tobacco products and of the 
intention to enforce such age. Such certification shall be given to the 
office of the State government with authority over the minimum age 
requirement for the purchase of tobacco products.
    (c) Face-to-Face Sales.--The retailers of tobacco products and 
their employees shall ensure that all sales transactions involving 
tobacco products are conducted face-to-face.

SEC. 4. ADVERTISING.

    Outdoor advertising of tobacco products, including outward facing 
window ads in retail establishments, shall be banned within 1000 feet 
of any playground or elementary or secondary school and shall be banned 
in accordance with such further restrictions as a State or political 
subdivision of a State may impose.

SEC. 5. PROMOTION.

    (a) In General.--The promotion of tobacco products (including brand 
names, logos, characters, or any other type of selling message) shall 
be banned in family amusement centers, including video arcades, in or 
on video games located in areas or establishments to which individuals 
under the minimum age prescribed by section 2(c) may gain access, or in 
accordance with such further restrictions on promotion as a State or 
political subdivision of a State may impose.
    (b) Names.--The manufacturers of tobacco products may not employ 
non-tobacco names for their products unless such names were in use 
before January 1, 1995.
    (c) Coupons.--No manufacturer, distributor, or retailer of tobacco 
products may distribute tobacco products through the redemption of 
coupons except in face-to-face transactions where proof of age is 
required.

SEC. 6. DEFINITION.

    For purposes of this Act, the term ``tobacco product'' includes 
cigarettes, cigars, little cigars, pipe tobacco, and smokeless tobacco.

SEC. 7. IMPLEMENTATION.

    (a) Effective Date.--This Act shall take effect upon the expiration 
of 180 days after the date of its enactment.
    (b) Enforcement.--Violations of this Act shall be enforced by the 
States through their health departments or such other department as the 
State may designate.
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