---
kind: "section"
citation: "42 U.S.C. § 300x–26"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300x–26"
heading: "Sale of tobacco products to individuals under age of 21"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300x-26"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part B — Block Grants Regarding Mental Health and Substance Use"
  - "Subpart ii — block grants for substance use prevention, treatment, and recovery services"
---

# §300x–26. Sale of tobacco products to individuals under age of 21

- (a) **In general—** A [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x–21 of this title](/usc/42/300x–21.md) is that the [State](/usc/42/201.md?p=f) involved will—
  - (1) annually conduct random, unannounced inspections to ensure that retailers do not sell tobacco products to individuals under the age of 21; and
  - (2) annually submit to the [Secretary](/usc/42/201.md?p=c) a report describing—
    - (A) the activities carried out by the [State](/usc/42/201.md?p=f) to ensure that retailers do not sell tobacco products to individuals under the age of 21;
    - (B) the extent of success the [State](/usc/42/201.md?p=f) has achieved in ensuring that retailers do not sell tobacco products to individuals under the age of 21; and
    - (C) the strategies to be utilized by the [State](/usc/42/201.md?p=f) to ensure that retailers do not sell tobacco products to individuals under the age of 21 during the fiscal year for which the grant is sought.
- (b) **Noncompliance of State—**
  - (1) **In general—** Before making a grant under [section 300x–21 of this title](/usc/42/300x–21.md) to a [State](/usc/42/201.md?p=f), the [Secretary](/usc/42/201.md?p=c) shall make a determination of whether the [State](/usc/42/201.md?p=f) has maintained compliance with [subsection (a)](#a). If, after notice to the [State](/usc/42/201.md?p=f) and an opportunity for a hearing, the [Secretary](/usc/42/201.md?p=c) determines that the [State](/usc/42/201.md?p=f) is not in compliance with such subsections, the [Secretary](/usc/42/201.md?p=c) shall reduce the amount of the allotment under such section for the [State](/usc/42/201.md?p=f) for the fiscal year involved by an amount up to 10 percent of the amount determined under [section 300x–33 of this title](/usc/42/300x–33.md) for the [State](/usc/42/201.md?p=f) for the applicable fiscal year.
  - (2) **Limitation—**
    - (A) **In general—** A [State](/usc/42/201.md?p=f) shall not have funds withheld pursuant to [paragraph (1)](#b-1) if such [State](/usc/42/201.md?p=f) for which the [Secretary](/usc/42/201.md?p=c) has made a determination of noncompliance under such paragraph—
      - (i) certifies to the [Secretary](/usc/42/201.md?p=c) by May 1 of the fiscal year for which the funds are appropriated, consistent with [subparagraph (B)](#b-2-B), that the [State](/usc/42/201.md?p=f) will commit additional [State](/usc/42/201.md?p=f) funds, in accordance with [paragraph (1)](#b-1), to ensure that retailers do not sell tobacco products to individuals under 21 years of age;
      - (ii) agrees to comply with a negotiated agreement for a corrective action plan that is approved by the [Secretary](/usc/42/201.md?p=c) and carried out in accordance with guidelines issued by the [Secretary](/usc/42/201.md?p=c); or
      - (iii) is a territory that receives less than $1,000,000 for a fiscal year under [section 300x–21 of this title](/usc/42/300x–21.md).
    - (B) **Certification—**
      - (i) **In general—** The amount of funds to be committed by a [State](/usc/42/201.md?p=f) pursuant to [subparagraph (A)(i)](#b-2-A-i) shall be equal to 1 percent of such [State](/usc/42/201.md?p=f)’s [allocation](/usc/42/2021b.md?p=2) determined under [section 300x–33 of this title](/usc/42/300x–33.md) for each percentage point by which the [State](/usc/42/201.md?p=f) misses the retailer compliance rate goal established by the [Secretary](/usc/42/201.md?p=c).
      - (ii) **State expenditures—** For a fiscal year in which a [State](/usc/42/201.md?p=f) commits funds as described in [clause (i)](#b-2-B-i), such [State](/usc/42/201.md?p=f) shall maintain [State](/usc/42/201.md?p=f) expenditures for tobacco prevention [programs](/usc/42/274l–1.md?p=4) and for compliance activities at a level that is not less than the level of such expenditures maintained by the [State](/usc/42/201.md?p=f) for the preceding fiscal year, plus the additional funds for tobacco compliance activities required under [clause (i)](#b-2-B-i). The [State](/usc/42/201.md?p=f) shall submit a report to the [Secretary](/usc/42/201.md?p=c) on all [State](/usc/42/201.md?p=f) obligations of funds for such fiscal year and all [State](/usc/42/201.md?p=f) expenditures for the preceding fiscal year for tobacco prevention and compliance activities by [program](/usc/42/274l–1.md?p=4) activity by July 31 of such fiscal year.
      - (iii) **Discretion—** The [Secretary](/usc/42/201.md?p=c) shall exercise discretion in enforcing the timing of the [State](/usc/42/201.md?p=f) obligation of the additional funds required by the certification described in [subparagraph (A)(i)](#b-2-A-i) as late as July 31 of such fiscal year.
    - (C) **Failure to certify—** If a [State](/usc/42/201.md?p=f) described in [subparagraph (A)](#b-2-A) fails to certify to the [Secretary](/usc/42/201.md?p=c) pursuant to [subparagraph (A)(i)](#b-2-A-i) or enter into, or comply with, a negotiated agreement under [subparagraph (A)(ii)](#b-2-A-ii), the [Secretary](/usc/42/201.md?p=c) may take action pursuant to [paragraph (1)](#b-1).
- (c) **Implementation of reporting requirements—**
  - (1) **Transition period—** The [Secretary](/usc/42/201.md?p=c) shall—
    - (A) not withhold amounts under [subsection (b)](#b) for the 3-year period immediately following December 20, 2019; and
    - (B) use discretion in exercising its authority under [subsection (b)](#b) during the 2-year period immediately following the 3-year period described in [subparagraph (A)](#c-1-A), to allow for a transition period for implementation of the reporting requirements under [subsection (a)(2)](#a-2).
  - (2) **Regulations or guidance—** Not later than 180 days after December 20, 2019, the [Secretary](/usc/42/201.md?p=c) shall update [regulations](/usc/42/201.md?p=d) under part 96 of title 45, Code of Federal [Regulations](/usc/42/201.md?p=d)[^1] or guidance on the retailer compliance rate goal under [subsection (b)](#b), the use of funds provided under [section 300x–21 of this title](/usc/42/300x–21.md) for purposes of meeting the requirements of this section, and reporting requirements under [subsection (a)(2)](#a-2).
  - (3) **Coordination—** The [Secretary](/usc/42/201.md?p=c) shall ensure the Assistant [Secretary](/usc/42/201.md?p=c) for Mental Health and Substance Use coordinates, as appropriate, with the Commissioner of Food and [Drugs](/usc/42/11851.md?p=4) to ensure that the technical assistance provided to [States](/usc/42/201.md?p=f) under [subsection (e)](#e) is consistent with applicable [regulations](/usc/42/201.md?p=d) for retailers issued under part 1140 of title 21, Code of Federal [Regulations](/usc/42/201.md?p=d).
- (d) **Transitional grants—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall award grants under this subsection to each [State](/usc/42/201.md?p=f) that receives funding under [section 300x–21 of this title](/usc/42/300x–21.md) to ensure compliance of each such [State](/usc/42/201.md?p=f) with this section.
  - (2) **Use of funds—** A [State](/usc/42/201.md?p=f) receiving a grant under this subsection—
    - (A) shall use amounts received under such grant for activities to plan for or ensure compliance in the [State](/usc/42/201.md?p=f) with [subsection (a)](#a); and
    - (B) in the case of a [State](/usc/42/201.md?p=f) for which the [Secretary](/usc/42/201.md?p=c) has made a determination under [subsection (b)](#b) that the [State](/usc/42/201.md?p=f) is prepared to meet, or has met, the requirements of [subsection (a)](#a), may use such funds for tobacco cessation activities, strategies to prevent the use of tobacco products by individuals under the age of 21, or allowable uses under [section 300x–21 of this title](/usc/42/300x–21.md).
  - (3) **Supplement not supplant—** Grants under this subsection shall be used to supplement and not supplant other Federal, [State](/usc/42/201.md?p=f), and local public funds provided for activities under [paragraph (2)](#d-2).
  - (4) **Authorization of appropriations—** To carry out this subsection, there are authorized to be appropriated $18,580,790 for each of fiscal years 2020 through 2024.
  - (5) **Sunset—** This subsection shall have no force or effect after September 30, 2024.
- (e) **Technical assistance—** The [Secretary](/usc/42/201.md?p=c) shall provide technical assistance to [States](/usc/42/201.md?p=f) related to the activities required under this section.

## Footnotes

[^1]: So in original. Probably should be followed by a comma.

## Source credit

(July 1, 1944, ch. 373, title XIX, § 1926, as added Pub. L. 102–321, title II, § 202, July 10, 1992, 106 Stat. 394; amended Pub. L. 116–94, div. N, title I, § 604(a), Dec. 20, 2019, 133 Stat. 3124; Pub. L. 117–328, div. FF, title I, § 1241(a)(6), Dec. 29, 2022, 136 Stat. 5677.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1926 of act July 1, 1944, was classified to section 300x–12 of this title prior to repeal by Pub. L. 102–321.

Another prior section 1926 of act July 1, 1944, was classified to section 300y–5 of this title prior to repeal by Pub. L. 99–280.

### Amendments

2022—Subsec. (b)(2)(B)(i). Pub. L. 117–328 struck out “substance abuse” before “allocation”.

2019—Pub. L. 116–94, § 604(a)(1), struck out “State law regarding” before “sale” and substituted “21” for “18” in section catchline.

Subsec. (a). Pub. L. 116–94, § 604(a)(3), (4), redesignated subsec. (b) as (a) and amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the requirement of State enforcement of law in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18 in order to qualify for funding agreements for grants under section 300x–21 of this title, and activities and reports regarding such enforcement.

Pub. L. 116–94, § 604(a)(2), struck out subsec. (a), which required grants under section 300x–21 of this title for fiscal year 1994 and subsequent fiscal years to be based on the existence of State law forbidding sale or distribution of tobacco products to any individual under the age of 18, and providing delayed applicability of requirement for certain States.

Subsec. (b). Pub. L. 116–94, § 604(a)(5), designated introductory provisions as par. (1), inserted par. heading, struck out “for the first applicable fiscal year or any subsequent fiscal year” after “a State”, substituted “subsection (a)” for “subsections (a) and (b)” and “up to 10 percent of the amount determined under section 300x–33 of this title for the State for the applicable fiscal year.” for “equal to—”, added par. (2), and struck out former pars. (1) to (4), which related to allotment reductions for first applicable fiscal years and three following fiscal years.

Pub. L. 116–94, § 604(a)(3), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 116–94, § 604(a)(6), added subsec. (c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 116–94, § 604(a)(2), (6), added subsec. (d) and struck out former subsec. (d) which defined “first applicable fiscal year”.

Subsec. (e). Pub. L. 116–94, § 604(a)(6), added subsec. (e).