[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1541 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1541

    To increase the minimum age for sale of tobacco products to 21.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2019

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

_______________________________________________________________________

                                 A BILL


 
    To increase the minimum age for sale of tobacco products to 21.

    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-Free Youth Act''.

SEC. 2. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS.

    (a) Establishing Minimum Age of 21 for Sale of Tobacco Products.--
Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) is 
amended--
            (1) in the section heading, by striking ``age of 18'' and 
        inserting ``age of 21'';
            (2) by striking ``age of 18'' each place such phrase 
        appears and inserting ``age of 21'';
            (3) in subsection (a)--
                    (A) in paragraph (1), by striking ``fiscal year 
                1994'' and inserting ``fiscal year 2021''; and
                    (B) in paragraph (2)--
                            (i) by striking ``fiscal year 1993'' and 
                        inserting ``fiscal year 2020'';
                            (ii) by striking ``fiscal year 1994'' and 
                        inserting ``fiscal year 2021''; and
                            (iii) by striking ``fiscal year 1995'' and 
                        inserting ``fiscal year 2022''; and
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``1995'' and 
                inserting ``2022'';
                    (B) in paragraph (2)--
                            (i) by striking ``1994'' and inserting 
                        ``2021''; and
                            (ii) by striking the period and inserting 
                        ``; and'';
                    (C) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and adjusting 
                the margins accordingly;
                    (D) by striking ``this section, the term'' and 
                inserting ``this section--
            ``(1) the term''; and
                    (E) by adding at the end the following:
            ``(2) the term `tobacco product' has the meaning given such 
        term in section 201(rr) of the Federal Food, Drug, and Cosmetic 
        Act.''.
    (b) FDA.--
            (1) In general.--Section 906(d) of the Federal Food, Drug, 
        and Cosmetic Act (21 U.S.C. 387f(d)) is amended--
                    (A) in paragraph (3)(A)(ii), by striking ``18 
                years'' and inserting ``21 years''; and
                    (B) by adding at the end the following:
            ``(5) Minimum age of sale.--It shall be unlawful for any 
        retailer to sell a tobacco product to any person younger than 
        21 years of age, consistent with section 1140.14 of title 21, 
        Code of Federal Regulations (or any successor regulations).''.
            (2) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall update regulations issued under chapter IX of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387 et 
        seq.) as appropriate to carry out the amendments made by 
        paragraph (1).
    (c) Non-Preemption.--Nothing in the amendments made by subsection 
(a) or (b) shall be construed to prevent a State or local governmental 
entity from establishing, enforcing, or maintaining a law with respect 
to sales of tobacco products to individuals below a minimum age, 
provided that such State or local law is in addition to, or more 
stringent than, Federal law.
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