[Congressional Record Volume 144, Number 16 (Thursday, February 26, 1998)]
[Extensions of Remarks]
[Pages E247-E248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     THE STOP KIDS FROM SMOKING ACT

                                 ______
                                 

                         HON. STEVE R. ROTHMAN

                             of new jersey

                    in the house of representatives

                      Thursday, February 26, 1998

  Mr. ROTHMAN. Mr. Speaker, I rise today to introduce the ``Stop Kids 
From Smoking Act'', a bill that will go a long way to achieving the 
important goal of ending youth smoking. This bill would make it illegal 
for any establishment that allows children under the age of eighteen to 
have a vending machine. The premise for this bill is simple: if 
children are unable to buy tobacco, it makes it significantly harder 
for them to start smoking.
  We have effective laws that require individuals to show proof that 
they are eighteen in order to buy tobacco products. However, each year 
minors illegally purchase 256 million packs of cigarettes. How is this 
possible? It is easy. Kids go to the one place where they do not get 
carded--vending machines. They go to the diners, hotels, restaurants, 
and other places that generally have a vending machine in a hall or 
entranceway, put their money in the machine and get tobacco. Rarely are 
they even seen, and less often are they questioned.
  I realize that some states and towns across the country have already 
taken this a step further by banning tobacco vending machines entirely. 
My bill would not preempt these laws. Instead, it would simply ensure 
that no child under the age of eighteen be able to buy tobacco in any 
situation, even when they are not being watched and questioned.
  Please join me and my bipartisan original cosponsors in protecting 
America's youth from the deadly habit of smoking. Let's stop illegal 
tobacco use by minors and save this next generation from premature 
death from tobacco-related disease.

A BILL To prohibit the use of vending machines to sell tobacco products 
   in all locations other than in locations in which the presence of 
                        minors is not permitted.

       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 ``Stop Kids From Smoking 
     Act''.

     SEC. 2. FINDINGS

       The Congress finds that--
       (1) almost 90 percent of adult smokers began at or before 
     age 18;
       (2) 35 percent of high school kids currently smoke 
     cigarettes;
       (3) each year minors illegally purchase 256,000,000 packs 
     of cigarettes;
       (4) more than 5,000,000 kids alive today under the age of 
     18 will die prematurely from tobacco-related disease unless 
     current sales are reversed; and
       (5) numerous studies and surveys show that significant 
     percentages of young people are

[[Page E248]]

     able to purchase cigarettes from vending machines, even in 
     jurisdictions that have laws restricting the placement of the 
     machines or requiring the use of locking devices.

     SEC. 3. ACCESS.

       (a) Vending Machines.--Vending machines may be used to sell 
     tobacco products only in an area or establishment from which 
     individuals under the minimum age prescribed by subsection 
     (b) are denied access.
       (b) Minimum Age.--No manufacturer, distributor, or retailer 
     of tobacco products may sell a tobacco product to an 
     individual who is under the age of 18, except that if a State 
     or municipality has established a higher age, no 
     manufacturer, distributor, or retailer of tobacco products 
     may sell tobacco products in that State or municipality to an 
     individual who is less than such higher age.
       (c) Preemption.--This Act shall not preempt any State or 
     municipal law which bans vending machines that sell tobacco 
     products, nor will it preclude any State or locality from 
     enacting such a stronger ban in the future.

     SEC. 4. DEFINITION.

       For purposes of this Act, the term ``tobacco product'' 
     includes cigarettes, cigars, little cigars, pipe tobacco, and 
     smokeless tobacco.

     SEC. 5. PENALTY.

       Any person who violates this Act is liable to the United 
     States for a civil money penalty of $1,000 for each 
     violation.

     

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