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S. 1415 - the Universal Tobacco Settlement Act.

This page contains the full-text reproduction of S. 1415
the "Universal Tobacco Settlement Act."

[Version Info.]

S 1415 IS

105th CONGRESS

1st Session

S. 1415

To reform and restructure the processes by which tobacco products are manufactured, marketed, and distributed, to prevent the use of tobacco products by minors, to redress the adverse health effects of tobacco use, and for other purposes.

IN THE SENATE OF THE UNITED STATES

November 7, 1997

Mr. MCCAIN (for himself, Mr. HOLLINGS, Mr. BREAUX, and Mr. GORTON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To reform and restructure the processes by which tobacco products are manufactured, marketed, and distributed, to prevent the use of tobacco products by minors, to redress the adverse health effects of tobacco use, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

TITLE I--REGULATION OF THE TOBACCO INDUSTRY

Subtitle A--Restriction on Marketing and Advertising

Subtitle B--Warnings, Labeling and Packaging

Subtitle C--Restriction on Access to Tobacco Products

Subtitle D--Licensing of Retail Tobacco Sellers

Subtitle E--Regulation of Tobacco Product Development and Manufacturing

Subtitle F--Compliance Plans and Corporate Culture

TITLE II--REDUCTION IN UNDERAGE TOBACCO USE

TITLE III--STANDARDS TO REDUCE INVOLUNTARY EXPOSURE TO TOBACCO SMOKE

TITLE IV--PUBLIC HEALTH AND OTHER PROGRAMS

Subtitle A--Public Health Block Grant Program

Subtitle B--Other Programs

TITLE V--CONSENT DECREES, NON-PARTICIPATING MANUFACTURERS, AND STATE ENFORCEMENT

Subtitle A--Consent Decrees and Non-Participating Manufacturers

Subtitle B--State Enforcement

TITLE VI--PROVISIONS RELATING TO TOBACCO-RELATED CIVIL ACTIONS

TITLE VII--PUBLIC DISCLOSURE OF HEALTH RESEARCH

TITLE VIII--ASSISTANCE TO TOBACCO GROWERS AND COMMUNITIES

SUBTITLE A--TOBACCO COMMUNITY REVITALIZATION TRUST FUND

SUBTITLE B--AGRICULTURAL MARKET TRANSITION ASSISTANCE

SUBTITLE C--FARMER AND WORKER TRANSITION ASSISTANCE

SUBTITLE D--IMMUNITY

TITLE IX--EFFECTIVE DATES AND OTHER PROVISIONS

SEC. 2. FINDINGS.

SEC. 3. PURPOSES.

power to regulate the level of nicotine in such products;

TITLE I--REGULATION OF THE TOBACCO INDUSTRY

SEC. 100. DEFINITIONS.

relabeler, who manufactures, fabricates, assembles, processes, or labels a finished tobacco product.

Subtitle A--Restriction on Marketing and Advertising

SEC. 101. PROHIBITIONS ON ADVERTISING.

SEC. 102. GENERAL RESTRICTIONS.

SEC. 103. FORMAT AND CONTENT REQUIREMENTS FOR LABELING AND ADVERTISING.

SEC. 104. STATEMENT OF INTENDED USE.

SEC. 105. BAN ON NONTOBACCO ITEMS AND SERVICES, CONTESTS AND GAMES OF CHANCE, AND SPONSORSHIP OF EVENTS.

SEC. 106. USE OF PRODUCT DESCRIPTORS.

Subtitle B--Warnings, Labeling and Packaging

SEC. 111. CIGARETTE WARNINGS.

all other printed material on the package, and be printed in an alternating black-on-white and white-on-black format as determined appropriate by the Commissioner.

under which the label statements specified in paragraph (1) of subsection (a) will be rotated by the applicant manufacturer or importer in accordance with the label rotation described in subparagraph (C).

SEC. 112. SMOKELESS TOBACCO WARNINGS.

SEC. 113. INGREDIENTS.

SEC. 114. ENFORCEMENT, REGULATIONS, AND CONSTRUCTION.

SEC. 115. PREEMPTION.

SEC. 116. REPORTS.

SEC. 117. EXPORTS.

SEC. 118. REPEALS.

Subtitle C--Restriction on Access to Tobacco Products

SEC. 121. REQUIREMENTS RELATING TO RETAILERS.

photographic identification containing the date of birth of the bearer, that no individual purchasing a tobacco product is under 18 years of age.

SEC. 122. MANUFACTURE, SALE, AND DISTRIBUTION.

Subtitle D--Licensing of Retail Tobacco Sellers

SEC. 131. ESTABLISHMENT OF PROGRAM.

directly to consumers and shall enforce such laws in accordance with section 133.

SEC. 132. REQUIREMENTS.

SEC. 133. PENALTIES, REVOCATIONS AND SUSPENSIONS.

SEC. 134. FEDERAL LICENSING OF MILITARY AND OTHER ENTITIES.

Subtitle E--Regulation of Tobacco Product Development and Manufacturing

SEC. 141. REFERENCE.

SEC. 142. TREATMENT OF TOBACCO PRODUCTS AS DRUGS.

before the first period `; and (E) tobacco products'.

SEC. 143. HEALTH AND SAFETY REGULATION OF TOBACCO PRODUCTS.

`CHAPTER IX--TOBACCO PRODUCTS

`SEC. 901. DEFINITIONS.

`SEC. 902. PURPOSE.

`SEC. 903. PROMULGATION OF REGULATIONS.

`SEC. 904. MINIMUM REQUIREMENTS.

tobacco product be deemed to be adulterated if the Commissioner determines that any tobacco additive in such product, regardless of the amount of such tobacco additive, either by itself or in conjunction with any other tobacco additive or ingredient significantly increases the risk to human health or the risk of addiction to such product.

`SEC. 905. PERFORMANCE STANDARDS FOR TOBACCO PRODUCTS.

`SEC. 906. SCIENTIFIC ADVISORY COMMITTEE.

`SEC. 907. REQUIREMENTS RELATING TO NICOTINE AND OTHER CONSTITUENTS.

`SEC. 908. REDUCED RISK PRODUCTS.

product presents a reduced health risk as compared to other similar products.

Health Service, shall, either directly or through grants or contracts, provide for the manufacture and marketing of such products.

`SEC. 909. GOOD MANUFACTURING PRACTICE STANDARDS.

be used in, and the facilities and controls to be used for, the manufacture, packing, and storage of the product in lieu of the methods, controls, and facilities prescribed by the requirement are sufficient to ensure that the product will comply with this chapter.

`SEC. 910. DISCLOSURE AND REPORTING OF NONTOBACCO INGREDIENTS.

ingredient, substance, or compound that was the subject of the assessment and provide notice to the manufacturer of such action.

`SEC. 911. NONAPPLICATION OF CERTAIN PROVISIONS.

Subtitle F--Compliance Plans and Corporate Culture

SEC. 151. COMPLIANCE PLANS.

SEC. 152. COMPLIANCE PROGRAMS.

SEC. 153. WHISTLEBLOWER PROTECTIONS.

Administration, the Department of Justice, or any State or local regulatory or enforcement authority.

SEC. 154. PROVISIONS RELATING TO LOBBYING.

SEC. 155. TERMINATION OF CERTAIN ENTITIES.

SEC. 156. ENFORCEMENT.

TITLE II--REDUCTION IN UNDERAGE TOBACCO USE

SEC. 201. PURPOSE.

SEC. 202. DETERMINATION OF UNDERAGE USE BASE PERCENTAGES.

SEC. 203. ANNUAL DAILY INCIDENCE OF UNDERAGE USE OF TOBACCO PRODUCTS.

SEC. 204. REQUIRED REDUCTION IN UNDERAGE TOBACCO USE.

under 18 years of age for the year involved (as determined under section 203(c)) as compared to the underage use base percentage for smokeless tobacco products (as determined under section 202(b)).

`Calender year after enactment--

The percentage decrease in the use of cigarette products--

Fifth

30

Sixth

30

Seventh

50

Eighth

50

Ninth

50

Tenth and thereafter

60.

`Calender year after enactment--

The percentage decrease in the use of smokeless tobacco products--

Fifth

25

Sixth

25

Seventh

35

Eighth

35

Ninth

35

Tenth and thereafter

45.

SEC. 205. APPLICATION OF SURCHARGES.

underage use base percentage for such products (as determined under section 202).

SEC. 206. ABATEMENT PROCEDURES.

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