[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3319 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3319

   To impose additional restrictions on tobacco flavors for use in e-
                              cigarettes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2018

  Mr. Durbin (for himself and Ms. Murkowski) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To impose additional restrictions on tobacco flavors for use in e-
                              cigarettes.

    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 ``Stopping Appealing Flavors in E-
Cigarettes for Kids Act'' or the ``SAFE Kids Act''.

SEC. 2. ADDITIONAL RESTRICTIONS ON USE OF TOBACCO FLAVORS.

    (a) Tobacco Product Standards.--Section 907(a)(1) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 387g) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Special rule for tobacco products other than 
                cigarettes.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a tobacco product that is not a 
                        cigarette, or any component, part, or accessory 
                        of such a product, shall not contain, as a 
                        constituent (including a smoke or aerosol 
                        constituent) or additive, an artificial or 
                        natural flavor (other than tobacco) or an herb 
                        or spice (including menthol, strawberry, grape, 
                        orange, clove, cinnamon, pineapple, vanilla, 
                        coconut, licorice, cocoa, chocolate, cherry, 
                        and coffee) that is a characterizing flavor of 
                        the tobacco product, tobacco smoke, or aerosol 
                        emitted from the product. Nothing in this 
                        subparagraph shall be construed to limit the 
                        Secretary's authority to take action under this 
                        section or other provisions of this Act 
                        applicable to any artificial or natural flavor, 
                        herb, or spice not specified in this 
                        subparagraph.
                            ``(ii) Exceptions.--An electronic nicotine 
                        delivery system component or part shall not 
                        contain or use an artificial or natural flavor 
                        (other than tobacco) that is a characterizing 
                        flavor of the product or its aerosol unless the 
                        Secretary issues an order finding that a 
                        manufacturer has demonstrated that use of the 
                        characterizing flavor--
                                    ``(I) will increase the likelihood 
                                of smoking cessation among current 
                                users of tobacco products;
                                    ``(II) will not increase the 
                                likelihood of youth initiation of 
                                nicotine or tobacco products; and
                                    ``(III) will not increase the 
                                likelihood of harm to the person using 
                                the characterizing flavor.''.
    (b) Definitions.--Section 900 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 387) is amended--
            (1) by redesignating paragraphs (8) through (22) as 
        paragraphs (9) through (23); and
            (2) by inserting after paragraph (7) the following:
            ``(8) Electronic nicotine delivery system.--The term 
        `electronic nicotine delivery system'--
                    ``(A) means any electronic device that delivers 
                nicotine, flavor, or another substance via an 
                aerosolized solution to the user inhaling from the 
                device (including e-cigarettes, e-hookah, e-cigars, 
                vape pens, advanced refillable personal vaporizers, and 
                electronic pipes) and any component, liquid, part, or 
                accessory of such a device, whether or not sold 
                separately; and
                    ``(B) does not include a product that--
                            ``(i) is approved by the Food and Drug 
                        Administration for sale as a tobacco cessation 
                        product or for another therapeutic purpose; and
                            ``(ii) is marketed and sold solely for a 
                        purpose described in (i).''.
    (c) Conforming Amendment.--Section 9(1) of the Comprehensive 
Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4408(1)) is 
amended by striking ``section 900(18)'' and inserting ``section 
900(19)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.
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