Section 1 Short title
This Act may be cited as the “Tobacco-Free Youth Act”.
Tobacco-Free Youth Act
A BILL
To increase the minimum age for sale of tobacco products to 21.
Sec. 2 Minimum age of sale of tobacco products
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—
in the section heading, by striking “age of 18” and inserting “age of 21”;
by striking “age of 18” each place such phrase appears and inserting “age of 21”;
in subsection (a)—
in paragraph (1), by striking “fiscal year 1994” and inserting “fiscal year 2021”; and
in paragraph (2)—
by striking “fiscal year 1993” and inserting “fiscal year 2020”;
by striking “fiscal year 1994” and inserting “fiscal year 2021”; and
by striking “fiscal year 1995” and inserting “fiscal year 2022”; and
in subsection (d)—
in paragraph (1), by striking “1995” and inserting “2022”;
in paragraph (2)—
by striking “1994” and inserting “2021”; and
by striking the period and inserting “; and”;
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;
by striking “this section, the term” and inserting “this section—
“(1) the term”
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.”
FDA—
In general— Section 906(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)) is amended—
in paragraph (3)(A)(ii), by striking “18 years” and inserting “21 years”; and
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).”
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).
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.