[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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