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<PRE>[DOCID: f:h4065ih.txt]






107th CONGRESS
  2d Session
                                H. R. 4065

To prohibit the use of vending machines to sell tobacco products in all 
 locations other than in locations in which the presence of minors is 
                             not permitted.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 2002

 Mr. Rothman introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of vending machines to sell tobacco products in all 
 locations other than in locations in which the presence of minors is 
                             not permitted.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Kids From Smoking Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) almost 90 percent of adult smokers began at or before 
        age 18;
            (2) 35 percent of high school kids currently smoke 
        cigarettes;
            (3) each year minors illegally purchase 256,000,000 packs 
        of cigarettes;
            (4) more than 5,000,000 kids alive today under the age of 
        18 will die prematurely from tobacco-related disease unless 
        current sales are reversed; and
            (5) numerous studies and surveys show that significant 
        percentages of young people are able to purchase cigarettes 
        from vending machines, even in jurisdictions that have laws 
        restricting the placement of the machines or requiring the use 
        of locking devices.

SEC. 3. ACCESS.

    (a) Vending Machines.--Vending machines may be used to sell tobacco 
products only in an area or establishment from which individuals under 
the minimum age prescribed by subsection (b) are denied access.
    (b) Minimum Age.--No manufacturer, distributor, or retailer of 
tobacco products may sell a tobacco product to an individual who is 
under the age of 18, except that if a State or municipality has 
established a higher age, no manufacturer, distributor, or retailer of 
tobacco products may sell tobacco products in that State or 
municipality to an individual who is less than such higher age.
    (c) Preemption.--This Act shall not preempt any State or municipal 
law which bans all vending machines that sell tobacco products, nor 
will it preclude any State or locality from enacting such a stronger 
ban in the future.

SEC. 4. DEFINITION.

    For purposes of this Act, the term ``tobacco product'' includes 
cigarettes, cigars, little cigars, pipe tobacco, and smokeless tobacco.

SEC. 5. PENALTY.

    Any person who violates this Act is liable to the United States for 
a civil money penalty of $1,000 for each violation.
                                 &lt;all&gt;

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