S AMDT 579

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S.CON.RES.21 An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2008 and including the appropriate budgetary levels for fiscal years 2007 and 2009 through 2012.
Sponsor: Olympia J. Snowe (R) ME
 
Status: Active
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S 579 IS

111th CONGRESS

1st Session

S. 579

To establish a comprehensive Federal tobacco product regulatory program, to create a Tobacco Regulatory Agency, to prevent use of tobacco products by youth, and to provide protections for adult tobacco product users through the regulation of the tobacco products manufacturing industry.

IN THE SENATE OF THE UNITED STATES

March 12, 2009

Mr. BURR (for himself and Mrs. HAGAN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To establish a comprehensive Federal tobacco product regulatory program, to create a Tobacco Regulatory Agency, to prevent use of tobacco products by youth, and to provide protections for adult tobacco product users through the regulation of the tobacco products manufacturing industry.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the ‘Federal Tobacco Act of 2009’.

    (b) Table of Contents- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Purposes.

      Sec. 3. Definitions.

TITLE I--GENERAL PROVISIONS

      Sec. 101. Establishment of the Tobacco Regulatory Agency.

      Sec. 102. Exclusion of other regulatory programs.

      Sec. 103. Existing Federal statutes maintained.

      Sec. 104. Proceedings in the name of the United States; subpoenas; preemption of State and local law; no private right of action.

      Sec. 105. Advisory committees.

      Sec. 106. Illicit trade.

      Sec. 107. Adulterated tobacco products.

      Sec. 108. Misbranded tobacco products.

      Sec. 109. Registration and listing.

      Sec. 110. Effective date.

TITLE II--RESTRICTIONS ON YOUTH ACCESS TO TOBACCO PRODUCTS AND EXPOSURE OF YOUTH TO TOBACCO PRODUCT MARKETING AND ADVERTISING

      Sec. 201. Prohibitions on youth targeting.

      Sec. 202. State law regarding sale of tobacco products to individuals under age of 18.

      Sec. 203. Restrictions on descriptors used in marketing of cigarettes.

TITLE III--REDUCED-EXPOSURE AND REDUCED-RISK CLAIMS FOR TOBACCO PRODUCTS, AND RANKING OF TOBACCO PRODUCT CATEGORIES

      Sec. 301. Prohibition of unapproved reduced-exposure and reduced-risk claims.

      Sec. 302. Applications for approval of reduced-exposure and reduced-risk claims.

      Sec. 303. Standards for approval of applications for reduced-exposure or reduced-risk claims.

      Sec. 304. General provisions.

      Sec. 305. Establishment of rankings.

      Sec. 306. Compulsory licensing.

      Sec. 307. Moist snuff warnings.

TITLE IV--DISCLOSURES TO THE AGENCY REGARDING TOBACCO PRODUCTS

      Sec. 401. Confidential disclosures to the agency.

      Sec. 402. Nicotine reporting requirements for cigarettes.

      Sec. 403. Nicotine reporting requirements for smokeless tobacco products.

TITLE V--TAR AND NICOTINE YIELDS

      Sec. 501. Determination of tar and nicotine yields of cigarettes.

      Sec. 502. Cigarette tar limits.

      Sec. 503. Prohibition of smoking article yield terms.

      Sec. 504. Disclosure of tar and nicotine yields of cigarettes.

      Sec. 505. Evaluation of tobacco smoke toxicants.

TITLE VI--PUBIC DISCLOSURES BY TOBACCO PRODUCT MANUFACTURERS

      Sec. 601. Disclosures on packages of smoking articles.

      Sec. 602. Disclosures on packages of chewing tobacco and dry snuff.

      Sec. 603. Public disclosure of ingredients.

      Sec. 604. Cigarette label and advertising warnings.

TITLE VII--ENFORCEMENT PROVISIONS

      Sec. 701. Prohibited acts.

      Sec. 702. Injunction proceedings.

      Sec. 703. Penalties.

      Sec. 704. Seizure.

      Sec. 705. Report of minor violations.

      Sec. 706. Inspection.

      Sec. 707. Effect of compliance.

      Sec. 708. Imports.

      Sec. 709. Tobacco products for export.

TITLE VIII--MISCELLANEOUS PROVISIONS

      Sec. 801. Use of payments under the master settlement agreement and individual State settlement agreements.

      Sec. 802. User fees.

      Sec. 803. Fire safety standards for cigarettes.

      Sec. 804. Inspection by the alcohol and tobacco tax trade bureau of records of certain cigarette and smokeless tobacco sellers.

      Sec. 805. Tobacco grower protection.

      Sec. 806. Severability.

SEC. 2. PURPOSES.

    The purposes of this Act are--

      (1) to provide Federal authority and an appropriate administrative body designed specifically to regulate tobacco products, including smoking articles and smokeless tobacco products;

      (2) to affirm the lawfulness of tobacco products and to ensure the ability of private manufacturers to compete for the business of adult users of tobacco products, including smokers and users of smokeless tobacco, in a free enterprise system;

      (3) to confirm that cigarettes and other tobacco products, as customarily marketed, are not subject to regulation under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), but instead are subject to regulation under this and other appropriate Acts;

      (4) to ensure that existing Federal laws regulating certain aspects of tobacco and tobacco product production, as well as tobacco product taxation, testing, marketing, promotion, and advertising remain in full force and effect, except as repealed or amended by this Act;

      (5) to ensure that tobacco products sold in the United States conform with all applicable laws and regulations;

      (6) to strengthen enforcement against illegal sales of tobacco products, including the smuggling of illegal cigarettes and other tobacco products into the United States;

      (7) to restrict access to tobacco products on the part of individuals younger than the minimum age established by State law for the purchase of tobacco products, and to limit the exposure of such individuals to tobacco product advertising, marketing, and promotion;

      (8) to continue to permit the sale of tobacco products to adults in conjunction with measures to ensure that tobacco products are not sold or accessible to those who have not attained the minimum age established by State law for the purchase of tobacco products;

      (9) to allow tobacco product manufacturers to communicate truthful and nonmisleading information, in advertising and otherwise, concerning tobacco products to adult users of tobacco products, including smokers and users of smokeless tobacco;

      (10) to ensure that tobacco products sold in the United States do not present adults who choose to use those products with additional health risks beyond those inherent in tobacco use;

      (11) to establish principles and policies governing tobacco products to promote reductions in morbidity and mortality associated with tobacco products, to inform adult users of tobacco products about the relative risks of chronic diseases and serious adverse health conditions associated with tobacco use presented by different categories of tobacco products, and to encourage manufacturers of tobacco products to develop and introduce tobacco products that present reduced exposure of tobacco product users to toxicants in tobacco or in tobacco smoke and tobacco products that present a reduced risk of chronic diseases and serious adverse health conditions associated with tobacco use;

      (12) to promote the ability of adult consumers of tobacco products to obtain truthful and nonmisleading health-related information regarding the tobacco products that those consumers choose to use, while protecting the trade secrets of tobacco product manufacturers; and

      (13) to establish a comprehensive Federal program to deal with tobacco, including the subject matters addressed in paragraphs (1) through (12), such that commerce and the national economy may be--

        (A) protected to the maximum extent; and

        (B) not impeded by diverse, nonuniform, and confusing requirements or prohibitions.

SEC. 3. DEFINITIONS.


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