[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5022 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5022

   To amend the Family Smoking Prevention and Tobacco Control Act to 
 increase certain civil penalties applicable to violations of certain 
restrictions on the sale and distribution of tobacco products, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2019

   Mr. Ruiz introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Family Smoking Prevention and Tobacco Control Act to 
 increase certain civil penalties applicable to violations of certain 
restrictions on the sale and distribution of 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 ``Nicotine Or Vaping Access Protection 
and Enforcement Act of 2019'' or the ``NO VAPE Act of 2019''.

SEC. 2. INCREASING CIVIL PENALTIES APPLICABLE TO CERTAIN VIOLATIONS OF 
              RESTRICTIONS ON SALE AND DISTRIBUTION OF TOBACCO 
              PRODUCTS.

    (a) Penalties.--Paragraph (2) of section 103(q) of the Family 
Smoking Prevention and Tobacco Control Act (21 U.S.C. 333 note) is 
amended to read as follows:
                    ``(A) In general.--The amount of the civil penalty 
                to be applied for violations of restrictions 
                promulgated under section 906(d), as described in 
                paragraph (1), shall be as follows:
                            ``(i) With respect to a retailer with an 
                        approved training program, the amount of the 
                        civil penalty shall not exceed--
                                    ``(I) in the case of the first 
                                violation, $300;
                                    ``(II) in the case of a second 
                                violation within a 12-month period, 
                                $500;
                                    ``(III) in the case of a third 
                                violation within a 24-month period, 
                                $1,000;
                                    ``(IV) in the case of a fourth 
                                violation within a 24-month period, 
                                $4,000;
                                    ``(V) in the case of a fifth 
                                violation within a 36-month period, 
                                $10,000; and
                                    ``(VI) in the case of a sixth or 
                                subsequent violation within a 48-month 
                                period, $20,000 as determined by the 
                                Secretary on a case-by-case basis.
                            ``(ii) With respect to a retailer that does 
                        not have an approved training program, the 
                        amount of the civil penalty shall not exceed--
                                    ``(I) in the case of the first 
                                violation, $500;
                                    ``(II) in the case of a second 
                                violation within a 12-month period, 
                                $1,000;
                                    ``(III) in the case of a third 
                                violation within a 24-month period, 
                                $2,000;
                                    ``(IV) in the case of a fourth 
                                violation within a 24-month period, 
                                $4,000;
                                    ``(V) in the case of a fifth 
                                violation within a 36-month period, 
                                $10,000; and
                                    ``(VI) in the case of a sixth or 
                                subsequent violation within a 48-month 
                                period, $20,000 as determined by the 
                                Secretary on a case-by-case basis.''.
    (b) Applicability.--The amendment made by subsection (a) applies 
with respect to a violation of a restriction promulgated under section 
906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
387f(d)(1)), as described in section 103(q)(1) of the Family Smoking 
Prevention and Tobacco Control Act (21 U.S.C. 333 note), occurring on 
or after the date that is 6 months after the enactment of this Act. The 
penalties specified in such section 103(q)(1), as in effect on the day 
before such date, shall continue to apply to violations occurring 
before such date.

SEC. 3. MANDATORY AGE VERIFICATION FOR ALL RETAIL PURCHASERS OF TOBACCO 
              PRODUCTS.

    (a) In General.--Subsection (d) of section 906 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387f) is amended by adding at the end 
the following new paragraph:
            ``(5) Age verification.--
                    ``(A) Requirement.--The Secretary shall by 
                regulation require, in any retail sale of a tobacco 
                product, verification of the purchaser's age by means 
                of photographic identification containing the bearer's 
                date of birth.
                    ``(B) No exception for older purchasers.--The age 
                verification requirement promulgated under subparagraph 
                (A) shall not include any exception for any purchaser, 
                including any purchaser above a specified age.''.
    (b) Regulations.--The Secretary of Health and Human Services, 
acting through the Commissioner of Food and Drugs, shall promulgate a 
final regulation pursuant to section 906(d)(5) of the Federal Food, 
Drug, and Cosmetic Act, as added by subsection (a), not later than 6 
months after the date of enactment of this Act.

SEC. 4. STUDY AND REPORT ON E-CIGARETTES.

    Not later than 5 years after the date of enactment of this Act, the 
Director of the Centers for Disease Control and Prevention shall--
            (1) complete a study on--
                    (A) the relationship of e-cigarettes to tobacco 
                cessation;
                    (B) the perception of the harmful effects of e-
                cigarettes; and
                    (C) the environmental effects of e-cigarette 
                emissions; and
            (2) submit to the Congress a report on the results of such 
        study.
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