[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4245 Introduced in House (IH)]







                                    


104th CONGRESS
  2d Session
                                H. R. 4245

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 1996

   Mr. Fox of Pennsylvania introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 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 ``Tobacco Youth Access Act''.

SEC. 2. ACCESS.

    (a) Vending Machines.--Vending machines may be used to sell tobacco 
products only in an area or establishment from which individuals under 
the minimum age prescribed by subsection (b) are denied access.
    (b) 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.
    (c) Packages of Cigarettes.--Only cigarettes in a package of 20 
cigarettes may be sold or distributed by a manufacturer, distributor, 
or retailer of tobacco products .
    (d) 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. COUPONS AND COINS.

    No manufacturer, distributor, or retailer of tobacco products may 
distribute tobacco products through the redemption of coupons or coins 
except in face-to-face transactions where proof of age is required as 
established by section 2(c).

SEC. 5. BLOCK GRANTS UNDER SECTION 1926.

    If a State does not have in effect laws and regulations which 
require that access to tobacco products, the sales of tobacco products, 
and the use of coupons and coins in the distribution of tobacco 
products will occur only as prescribed by sections 2, 3, and 4, the 
Secretary of Health and Human Services shall terminate any grant the 
State may have received under section 1926 of the Public Health Service 
Act and shall not make another grant under such section to such State 
until it has in effect laws and regulations which require compliance 
with sections 2, 3, and 4.

SEC. 6. PREEMPTION.

    This Act shall not be construed as affecting the authority of the 
Food and Drug Administration with respect to tobacco products.

SEC. 7. DEFINITION.

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

SEC. 9. EFFECTIVE DATE.

    This Act shall take effect upon the expiration of 180 days after 
the date of its enactment.
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