[Congressional Record Volume 164, Number 130 (Wednesday, August 1, 2018)]
[Senate]
[Page S5585]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Ms. Murkowski):
  S. 3319. A bill to impose additional restrictions on tobacco flavors 
for use in e-cigarettes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3319

       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.
                                 ______