article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Smoking Prevention Act of 1995''. SEC. 2. AUTHORITY TO REGULATE TOBACCO AND OTHER PRODUCTS CONTAINING NICOTINE. (a) Food and Drug Administration.--The Secretary of Health and Human Services does not have any authority under-- (1) the Federal Food, Drug, and Cosmetic Act, (2) the Federal Cigarette Labeling and Advertising Act, or (3) the Comprehensive Smokeless Tobacco Health Education Act of 1986, to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. (b) Federal Authority.--The Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine is established as a condition to the receipt by States of the Federal preventive health and health services block grant. SEC. 3. REGULATION OF STATE AUTHORITY. (a) In General.--Section 1926(a)(1) of the Public Health Service Act (42 U.S.C. sec. 300x-26(a)(1)) is amended to read as follows: ``(1) In general.--Subject to paragraph (2), for fiscal year 1997 and subsequent fiscal years, the Secretary may make a grant under section 1921 only if the State involved has in effect a law which provides the following: ``(A) Minors.-- ``(i) Sales.--It shall be unlawful to sell tobacco and other tobacco products containing nicotine to an individual under the age of 18. Tobacco and other tobacco products containing nicotine may be sold only to individuals who present a document containing the individual's photograph and date of birth. Any person who violates this paragraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(ii) Purchase.--It shall be unlawful for an individual under the age of 18 to purchase any tobacco and other tobacco product containing nicotine. Any individual who violates this paragraph for the first time shall be fined not more than $100, required to perform community service, or required to attend education and training in the hazards of smoking. Any individual who violates this paragraph more than once shall be fined not more than $100, required to perform community service, and required to attend education and training in the hazards of smoking. Such education and training shall be funded by the fines collected under this paragraph. ``(iii) Identification.--It shall be unlawful for an individual to present identification for the purchase of tobacco and other tobacco products containing nicotine which is false. Any individual who violates this paragraph shall be fined not more than $250, required to perform community service, and required to attend education and training in the hazards of smoking. ``(B) Sales of specific products.--It shall be unlawful to sell-- ``(i) individual cigarettes, and ``(ii) packages of cigarettes which contain less than 20 cigarettes. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(C) Vending machines.--No person, firm, partnership, company, or corporation shall operate a vending machine which dispenses cigarettes or smokeless tobacco products unless such vending machine is in a location that is in plain view and under the direct supervision and control of the individual in charge of the location or such individual's designated agent or employee, except that this subparagraph shall not apply in the case of a vending machine that is located-- ``(i) at a private club; ``(ii) at a bar or bar area of a food service establishment; ``(iii) at a factory, warehouse, tobacco business, or any other place of employment which has an insignificant portion of its regular workforce comprised of individuals under the age of 18 years and only if such machines are located in an area that is not accessible to the general public; ``(iv) in any place if the vending machine is equipped with a device which controls the sale of tobacco products from the machine to individuals under the age of 18; or ``(v) in such other location or made available in another manner that is expressly permitted under applicable State law. ``(D) Self-service displays.--It shall be unlawful to make tobacco and other tobacco products containing nicotine available to individuals under the age of 18 in self-service displays which are not under the supervision of an individual over the age of 18. Any person who violates this subsection shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(E) Samples.--It shall be unlawful to distribute free samples of tobacco and other tobacco products containing nicotine to individuals under the age of 18 through the mail or otherwise. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(F) Use of mail.--It shall be unlawful to distribute tobacco and other tobacco products containing nicotine through the mail to individuals under the age of 18. Such tobacco products when distributed through the mails is nonmailable matter and such distribution shall be penalized in accordance with chapter 30 of title 39, United States Code. ``(G) General requirements applicable to sales.-- Tobacco and other tobacco products containing nicotine which are offered for sale at retail must be in the sight and control of the person responsible for making the sales. Any person offering such products for sale at retail shall post, in accordance with regulations of the State, signs stating the minimum purchase age, stating health warnings, and stating the penalties for violations of the requirements of this paragraph. Any person who violates this subparagraph shall be fined in the amount that a person who sells alcoholic beverages to a minor is fined under State law. ``(H) Notice to employees.--Each owner of a retail establishment which sells tobacco and other tobacco products containing nicotine shall notify each individual employed in the establishment as a retail sales clerk that the sale of tobacco and such products to individuals under the age of 18 and the purchase by such individuals of tobacco and such products are prohibited. Such notice shall be provided to such an employee before such employee begins work as a retail sales clerk or if such work has been begun, within 30 days of the date of the enactment of this paragraph. Such an employee shall sign a form stating that such employee has been notified of the prohibited acts. Such an owner shall retain such forms and make them available to persons conducting inspections under this paragraph. An owner who fails to make such notice or retain such a form shall be fined not less than $100 and not more than $250. ``(I) Licenses.--No person may engage in the retail sale of cigarettes without a license issued for such purpose by the State. The license shall be-- ``(i) issued in accordance with such system, ``(ii) issued for such fee, and ``(iii) issued for such term, as the State shall establish. The State shall establish penalties (including loss of license) for sales without a license and other sales in violation of this paragraph. ``(J) State responsibilities.--The State shall conduct annual random unannounced inspections of over- the-counter and vending machine outlets for the sale of tobacco and other tobacco products containing nicotine to assure that sales of tobacco and other tobacco products containing nicotine are being made in accordance with this paragraph so that individuals under the age of 18 do not have access to tobacco and other tobacco products containing nicotine. ``(K) Advertising.-- ``(i) Billboards.--Billboards which advertise tobacco and other tobacco products containing nicotine may not be placed within the line of sight of any individual in a school or in an area designated as a playground. ``(ii) Brand names and logos.--The brand name or logo of a manufacturer of tobacco and other tobacco products containing nicotine may not be placed on any item marketed specifically to minors, including toys and video games.''. (b) Conforming Amendments.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended-- (1) in subsection (a)(2), by striking ``1993'' and inserting ``1997''; (2) in subsection (a)(2), by striking ``1994'' and inserting ``1998''; and (3) in subsection (a)(2), by striking ``1995'' and inserting ``1999''; (4) in subsection (d)(1), by striking ``1995'' and inserting ``1999''; and (5) in subsection (d)(2), by striking ``1994'' and inserting ``1998''. (c) Noncompliance.--Section 1926(c) of the Public Health Service Act (42 U.S.C. sec. 300x-26(c)) is amended-- (1) in paragraph (1), by striking ``10 percent'' and inserting ``20 percent''; (2) in paragraph (2), by striking ``20 percent'' and inserting ``40 percent''; (3) in paragraph (3), by striking ``30 percent'' and inserting ``60 percent''; and (4) in paragraph (4), by striking ``40 percent'' and inserting ``80 percent''. (d) Enforcement.--Section 1926 of the Public Health Service Act (42 U.S.C. sec. 300x-26) is amended by adding at the end thereof the following: ``(e) Enforcement.--Any amounts made available to a State through a grant under section 1921 may be used to enforce the laws described in subsection (a).''. SEC. 4. REPORT. The Secretary of Health and Human Services shall make an annual report to the Congress on the actions taken by the States in compliance with section 1926(a)(1) of the Public Health Service Act as amended by section 3.
summary: Youth Smoking Prevention Act of 1995 - Declares that the Secretary of Health and Human Services does not have any authority under the Federal Food, Drug, and Cosmetic Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act of 1986 to regulate the manufacture, labeling, sale, distribution, and advertising and promotion of tobacco and other tobacco products containing nicotine. Establishes the Federal authority to regulate the sale, distribution, and advertising and promotion of tobacco and tobacco products containing nicotine as a condition to the receipt by State of the Federal preventive health and health services block grant. Amends the Public Health Service Act to prohibit or reduce the amount of block grants for the prevention and treatment of substance abuse based on whether a State has a law prohibiting: (1) sale of tobacco or tobacco products to individuals under the age of 18; (2) purchase of those materials by such individuals; (3) use of false identification for the purchase of those materials; (4) sale of individual cigarettes and packages of fewer than 20 cigarettes; (5) operation of a vending machine dispensing such materials unless specified requirements are met; (6) use of unsupervised self-service displays; (7) distribution of free samples to such individuals; and (8) distribution through the mail to such individuals. Sets forth general requirements regarding the sale of such materials and related notice by the owner to the employees of a retail establishment. Prohibits engaging in the retail sale of cigarettes without a license issued by the State. Sets forth State responsibilities. Regulates billboard advertising. Prohibits the placement of a tobacco manufacturer's brand name or logo on any item marketed specifically to minors, including toys and video games. Allows use of amounts available under such block grants to enforce the laws described in this Act.