[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 201 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 201

      To provide for the establishment of certain limitations on 
 advertisements relating to, and the sale of, tobacco products, and to 
  provide for the increased enforcement of laws relating to underage 
                  tobacco use, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 1997

   Mr. Ford introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      To provide for the establishment of certain limitations on 
 advertisements relating to, and the sale of, tobacco products, and to 
  provide for the increased enforcement of laws relating to underage 
                  tobacco use, 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 Products Control Act of 
1997''.

SEC. 2. AMENDMENT TO FEDERAL CIGARETTE LABELING AND ADVERTISING ACT.

    The Federal Cigarette Labeling and Advertising Act is amended by 
inserting after section 7 (15 U.S.C. 1335) the following:

                 ``additional advertising restrictions

    ``Sec. 7A. (a) Billboards.--
            ``(1) In general.--It shall be unlawful to advertise 
        cigarettes on any outdoor billboard that is located within 500 
        feet of any public or private elementary or secondary school.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        advertisement that is non-brand name specific if such 
        advertisement is erected or maintained at street level and 
        affixed to business establishments selling tobacco products at 
        retail.
    ``(b) Periodicals.--It shall be unlawful to advertise cigarettes in 
a newspaper, magazine, periodical or other publication if the 
subscribers of such publication who are under the age of 18 years 
constitute more than 15 percent of the total subscribership of such 
publication as certified by the publisher. The Federal Trade Commission 
shall annually publish a list of the publications that are subject to 
this subsection.
    ``(c) Stadia and Arenas.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful to advertise cigarettes in any arena or 
        stadium where amateur or professional sporting events or 
        activities occur.
            ``(2) Exceptions.--Paragraph (1) shall not apply to any 
        advertisement that--
                    ``(A) is contained in a program distributed at a 
                sporting event;
                    ``(B) is displayed at a concession stand that sells 
                cigarettes; or
                    ``(C) is displayed during a sporting event where 
                the sponsor of the event involved has, prior to the 
                event, provided the Federal Trade Commission with a 
                certification that at least 75 percent of the attendees 
                of such event are age 18 or older.
    ``(d) Licensing Payments.--
            ``(1) In general.--No payment shall be made for the use of 
        a trade or brand name of a nontobacco product as the trade or 
        brand name for a cigarette.
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        cigarette that uses a trade or brand name if such trade or 
        brand name was used both for a cigarette and a nontobacco 
        product sold in the United States on January 1, 1995.
    ``(e) Transportation Advertisements.--It shall be unlawful to 
advertise cigarettes in or on taxis, buses, trains, or in subway, bus, 
or train stations, terminals, or platforms unless the advertisement is 
displayed at a site where cigarettes are sold.
    ``(f) Motion Pictures.--No payment shall be made by any cigarette 
manufacturer or any agent thereof for the placement of any cigarette, 
cigarette package, or cigarette advertisement as a prop in any motion 
picture produced for viewing by the general public.
    ``(g) Video Games.--No cigarette brand name or logo shall be placed 
in a video or on a video game machine, and no brand name or logo may be 
placed on or within the premises of family amusement centers.
    ``(h) Definitions.--As used in this section--
            ``(1) Amusement ride or attraction.--The term `amusement 
        ride or attraction' means--
                    ``(A) any mechanized device or combination of 
                devices that carry passengers along, around, or over a 
                fixed or restricted course for the purpose of giving 
                its passengers amusement, pleasure, thrills, or 
                excitement; or
                    ``(B) any building or structure around, over, or 
                through which individuals may walk, climb, slide, jump 
                or move that provides such individuals with amusement, 
                pleasure, thrills, or excitement;
        except that such term does not include coin-operated amusement 
        devices that carry no more than 2 individuals, devices 
        regulated by the Federal Aviation Administration, the Federal 
        Railroad Administration (or State railroad administrations), or 
        vessels under the jurisdiction of the Coast Guard (or State 
        division of the water patrol), tractor pulls, auto or 
        motorcycle events, horse shows, rodeos, or other animal shows, 
        games and concessions, nonmechanical playground equipment, or 
        any other devices or structures designated by the Federal Trade 
        Commission.
            ``(2) Family amusement center.--The term `family amusement 
        center' means an enterprise offering amusement or entertainment 
        to the public through the use of one or more amusement rides or 
        attractions.
            ``(3) Video game.--The term `video game' means any 
        electronic amusement device that utilizes a computer, 
        microprocessor, or similar electronic circuitry and its own 
        cathode ray tube, or is designed to be used with a television 
        set or a monitor, that interacts with the user of the 
        device.''.

SEC. 3. AMENDMENT TO COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION 
              ACT OF 1986.

    The Comprehensive Smokeless Tobacco Health Education Act of 1986 is 
amended by inserting after section 3 (15 U.S.C. 4402) the following:

                       ``advertising restrictions

    ``Sec. 3A. (a) Billboards.--
            ``(1) In general.--It shall be unlawful to advertise a 
        smokeless tobacco product on any outdoor billboard that is 
        located within 500 feet of any public or private elementary or 
        secondary school.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        advertisement that is non-brand name specific if such 
        advertisement is erected or maintained at street level and 
        affixed to business establishments selling tobacco products at 
        retail.
    ``(b) Periodicals.--It shall be unlawful to advertise any smokeless 
tobacco product in a newspaper, magazine, periodical or other 
publication if the subscribers of such publication who are under the 
age of 18 years constitute more than 15 percent of the total 
subscribership of such publication as certified by the publisher. The 
Federal Trade Commission shall annually publish a list of the 
publications that are subject to this subsection.
    ``(c) Stadia and Arenas.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful to advertise smokeless tobacco product in any 
        arena or stadium where amateur or professional sporting events 
        or activities occur.
            ``(2) Exceptions.--Paragraph (1) shall not apply to any 
        advertisement that--
                    ``(A) is contained in a program distributed at a 
                sporting event;
                    ``(B) is displayed at a concession stand that sells 
                smokeless tobacco product; or
                    ``(C) is displayed during a sporting event where 
                the sponsor of the event involved has, prior to the 
                event, provided the Federal Trade Commission with a 
                certification that at least 75 percent of the attendees 
                of such event are age 18 or older.
    ``(d) Licensing Payments.--
            ``(1) In general.--No payment shall be made for the use of 
        a trade or brand name of a nontobacco product as the trade or 
        brand name for a smokeless tobacco product.
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        smokeless tobacco product that uses a trade or brand name if 
        such trade or brand name was used both for a smokeless tobacco 
        product and a nontobacco product sold in the United States on 
        January 1, 1995.
    ``(e) Transportation Advertisements.--It shall be unlawful to 
advertise smokeless tobacco product in or on taxis, buses, trains, or 
in subway, bus, or train stations, terminals, or platforms unless the 
advertisement is displayed at a site where smokeless tobacco products 
are sold.
    ``(f) Motion Pictures.--No payment shall be made by any smokeless 
tobacco manufacturer or any agent thereof for the placement of any 
smokeless tobacco product, smokeless tobacco package, or smokeless 
tobacco advertisement as a prop in any motion picture produced for 
viewing by the general public.
    ``(g) Video Games.--No smokeless tobacco product brand name or logo 
shall be placed in a video or on a video game machine, and no brand 
name or logo may be placed on or within the premises of a family 
amusement center.
    ``(h) Definitions.--As used in this section:
            ``(1) Amusement ride or attraction.--The term `amusement 
        ride or attraction' means--
                    ``(A) any mechanized device or combination of 
                devices that carry passengers along, around, or over a 
fixed or restricted course for the purpose of giving its passengers 
amusement, pleasure, thrills, or excitement; or
                    ``(B) any building or structure around, over, or 
                through which individuals may walk, climb, slide, jump 
                or move that provides such individuals with amusement, 
                pleasure, thrills, or excitement;
        except that such term does not include coin-operated amusement 
        devices that carry no more than 2 individuals, devices 
        regulated by the Federal Aviation Administration, the Federal 
        Railroad Administration (or State railroad administrations), or 
        vessels under the jurisdiction of the Coast Guard (or State 
        division of the water patrol), tractor pulls, auto or 
        motorcycle events, horse shows, rodeos, or other animal shows, 
        games and concessions, nonmechanical playground equipment, or 
        any other devices or structures designated by the Federal Trade 
        Commission.
            ``(2) Family amusement center.--The term `family amusement 
        center' means an enterprise offering amusement or entertainment 
        to the public through the use of one or more amusement rides or 
        attractions.
            ``(3) Video game.--The term `video game' means any 
        electronic amusement device that utilizes a computer, 
        microprocessor, or similar electronic circuitry and its own 
        cathode ray tube, or is designed to be used with a television 
        set or a monitor, that interacts with the user of the 
        device.''.

SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.

    Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-
26) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--Subject to paragraph (2), for fiscal 
        year 1998 and subsequent fiscal years, the Secretary may make a 
        grant under section 1921 only if the State involved has in 
        effect a law providing that--
                    ``(A) it is unlawful for any manufacturer, 
                retailer, or distributor of cigarettes or smokeless 
                tobacco products to sell or distribute any such product 
                to any individual under the age of 18, and such 
                manufacturer, retailer, or distributor shall, in all 
                face to face transactions involving an individual who 
                appears to be under the age of 26, verify such age by 
                means of an official (issued by the Federal or State 
                government) photographic identification containing the 
                date of birth of the bearer;
                    ``(B) no person, firm, partnership, company, or 
                corporation shall operate a vending machine which 
                dispenses cigarettes or smokeless tobacco products 
                unless such vending machine is in a location that is in 
                plain view and under the direct supervision and control 
                of the individual in charge of the location or his or 
                her designated agent or employee;
                    ``(C) the restrictions described in subparagraph 
                (B) shall not apply in the case of a vending machine 
                that is located--
                            ``(i) at a private club; 
                            ``(ii) at a bar or bar area of a food 
                        service establishment;
                            ``(iii) at a factory, warehouse, tobacco 
                        business, or any other place of employment 
                        which has an insignificant portion of its 
                        regular workforce comprised of individuals 
                        under the age of 18 years and only if such 
                        machines are located in an area that is not 
                        accessible to the general public; or
                            ``(iv) in such other location or made 
                        available in another manner that is expressly 
                        permitted under applicable State law;
                    ``(D) it is unlawful for any person engaged in the 
                selling or distribution of cigarettes or smokeless 
                tobacco products for commercial purposes to distribute 
                without charge any cigarettes or smokeless tobacco 
                products, or to distribute coupons which are redeemable 
                for cigarettes or smokeless tobacco products, except 
                that this subparagraph shall not apply in the case of 
                distribution--
                            ``(i) through coupons contained in 
                        publications for which advertising is not 
                        restricted under section 7A of the Federal 
                        Cigarette Labeling and Advertising Act or 
                        section 3A of the Comprehensive Smokeless 
                        Tobacco Health Education Act of 1986, coupons 
                        obtained through the purchase of cigarettes or 
                        smokeless tobacco products, or coupons sent 
                        through the mail;
                            ``(ii) where individuals can demonstrate, 
                        through a photographic identification card, 
                        that the individual is at least 18 years of 
                        age;
                            ``(iii) in locations that are separately 
                        segregated to deny access to individuals under 
                        the age of 18; or
                            ``(iv) through such other manners or at 
                        other locations that are expressly permitted 
                        under applicable State law;
                    ``(E) it is unlawful to for any manufacturer, 
                retailer, or distributor of cigarettes or smokeless 
                tobacco products to sell or distribute non-tobacco 
                merchandise related to such cigarettes or smokeless 
                tobacco products unless--
                            ``(i) with respect to a face-to-face 
                        transaction, the individual is 18 years of age 
                        or older as verified, in the case of an 
                        individual who appears to be under the age of 
                        26, by means of an official (issued by the 
                        Federal or State government) photographic 
                        identification containing the date of birth of 
                        the bearer;
                            ``(ii) with respect to other transactions, 
                        the individual involved provides a signed 
                        certification together with a copy of an 
                        official (issued by the Federal or State 
                        government) photographic identification 
                        containing the date of birth of the individual 
                        that such individual is 18 years of age or 
                        older; and
                            ``(iii) with respect to items of clothing 
                        or hats, such clothing or hat is made available 
                        in only adult sizes;
                    ``(F) it is unlawful for any manufacturer, 
                retailer, or distributor of cigarettes or smokeless 
                tobacco products to display those products in a manner 
                that causes those products to be accessible to anyone 
                other than an employee of the manufacturer, retailer, 
                or distributor, except that such prohibition shall not 
                apply to a display--
                            ``(i) if the display is located within the 
                        physical reach of an employee of the 
                        manufacturer, retailer, or distributor working 
                        at the normal work station of the employee; or
                            ``(ii) if an employee of the manufacturer, 
                        retailer, or distributor is able to monitor the 
                        display through the use of in-store mirrors, 
                        video cameras, or by other means;
                    ``(G) it is unlawful for any retailer to break or 
                otherwise open any cigarette package to sell or 
                distribute individual cigarettes or a number of 
                unpackaged cigarettes that is smaller than the quantity 
                in the minimum cigarette package size of 20 cigarettes, 
                or any quantity of cigarette tobacco that is smaller 
                than the smallest package distributed by the 
                manufacturer for individual consumer use; and
                    ``(H) it is unlawful for any retailer to break or 
                otherwise open any smokeless tobacco package to sell or 
                distribute any quantity of smokeless tobacco that is 
                smaller than the smallest package distributed by the 
                manufacturer for individual consumer use.'';
            (2) in subsection (a)(2)--
                    (A) by striking ``1993'' and inserting ``1997'';
                    (B) by striking ``1994'' and inserting ``1998''; 
                and
                    (C) by striking ``1995'' and inserting ``1999'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``10 percent'' 
                and inserting ``20 percent'';
                    (B) in paragraph (2), by striking ``20 percent'' 
                and inserting ``40 percent'';
                    (C) in paragraph (3), by striking ``30 percent'' 
                and inserting ``60 percent''; and
                    (D) in paragraph (4), by striking ``40 percent'' 
                and inserting ``80 percent'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``1995'' and 
                inserting ``1999''; and
                    (B) in paragraph (2), by striking ``1994'' and 
                inserting ``1998''; and
            (5) by adding at the end the following:
    ``(e) Enforcement.--Any amounts made available to a State through a 
grant under section 1921 may be used to enforce the laws described in 
subsection (a).
    ``(f) Definitions.--As used in subsection (a)(1), the term `private 
club' means an organization with no more than an insignificant portion 
of its membership comprised of individuals under the age of 18 years 
that regularly receives dues or payments from its members for the use 
of space, facilities and services.''.

SEC. 5. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
391 et seq.) is amended by adding at the end the following:

``SEC. 906. PROHIBITION ON REGULATION OF TOBACCO PRODUCTS.

    ``Nothing in this Act or any other Act shall provide the Food and 
Drug Administration with any authority to regulate in any manner 
tobacco or tobacco products (as such terms are defined for purposes of 
section 5702(c) of the Internal Revenue Code of 1986.''.
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