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Title IV — Nicotine or Vaping Access Protection and Enforcement

H.R. 2339 · 116th Congress · Mar 2, 2020 · Lineage

IV Nicotine or Vaping Access Protection and Enforcement

Sec. 401 Increasing civil penalties applicable to certain violations of restrictions on sale and distribution of tobacco products

(a)
Penalties— Subparagraph (A) of section 103(q)(2) 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, $0, together with the issuance of a warning letter to the retailer;

“(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 day that is 6 months after the date of enactment of this Act. The penalties specified in section 103(q)(2)(A) of the Family Smoking Prevention and Tobacco Control Act (21 U.S.C. 333 note), as in effect on the day before the date of enactment of this Act, shall continue to apply to violations occurring before the day specified in the preceding sentence.

Sec. 402 Study and report on e-cigarettes

Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States 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 effects of secondhand exposure to smoke from e-cigarettes; and
(2)
submit to the Congress a report on the results of such study, including recommendations based on such results.