,i #aafth ,,congress #ast ,session ,h4 ,r4 #bjhd ,,in ,,the ,,house ,,of ,,representatives ,april #d1 #bjai,mr4 ,aderholt 7for himself and ,mr4 ,vargas7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to raise the minimum age restriction with respect to the sale of tobacco products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,consumption of ,tobacco by ,teens ,act of #bjai or the ,,scott ,act of #bjai4 #b4 ,minimum age restrictions for sale of tobacco products 7a7 ,minimum age restrictions ,section #ijf7;d77#c7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7d77#c77 is amended-- 7#a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,face-to-face transactions ,no restrictions under paragraph 7#a7 may prohibit the sale of any tobacco product in face-to-face transactions by a specific category of retail outlets4 2 and 7#b7 by adding at the end the following3 7,c7 ,minimum age restrictions 7i7 ,restriction ,it shall be unlawful to sell or distribute a tobacco product to any person younger than #ba years of age4 7ii7 ,enforcement ,the ,secretary of ,health and ,human ,services is authorized to enforce the prohibition under clause 7i7 and shall take necessary action to enforce such prohibition1 including1 as appropriate-- 7,i7 conducting undercover compliance checks1 performing retailer inspections1 initiating enforcement actions for noncompliance1 and taking any other measures appropriate to help ensure nationwide compliance with such prohibition2 and 7,,ii7 establishing requirements that retailers check identification to ensure compliance with clause 7i7 7including increasing the minimum age for which the checking of such identification is not required1 which shall be greater than the minimum age under clause 7i77 or issuing guidance concerning the responsibility of retailers to ensure such compliance4 7iii7 ,regulations ,not later than #b years after the date of the enactment of the ,,scott ,act of #bjai1 the ,secretary shall revise the regulations issued under paragraph 7#a7 to implement and enforce clauses 7i7 and 7ii74 4 7b7 ,prohibition against remote retail sales ,section #ijf7;d77#d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #chg;f7d77#d77 is amended by adding at the end the following3 7,c7 ,vapor products 7i7 ,in general ,not later than #b years after the date of the enactment of the ,,scott ,act of #bjai1 the ,secretary shall issue regulations or revise the regulations issued under clause 7i7 and 7ii7 of subparagraph 7,a7 to require age verification with respect to remote sales of vapor products4 7ii7 ,content ,such regulations shall1 at a minimum1 provide-- 7,i7 that a delivery seller of vapor products-- 7aa7 shall not sell1 deliver1 or cause to be delivered any vapor products to a person under the minimum age required for the legal sale or purchase of vapor products1 as determined by the applicable law at the place of delivery2 7bb7 shall not accept a delivery sale order from a person without-- 7,,aa7 obtaining the full name1 birth date1 and residential address of that person2 and 7,,bb7 verifying the information provided in subparagraph 7,a71 through the use of a commercially available database or aggregate of databases1 consisting primarily of data from government sources1 that are regularly used by government and businesses for the purpose of age and identity verification and authentication1 to ensure that the purchaser is at least the minimum age required for the legal sale or purchase of vapor products1 as determined by the applicable law at the place of delivery2 and 7cc7 shall not make any such delivery without first obtaining1 at the place of delivery1 the signature of a person who is not younger than the minimum age described in item 7aa72 7,,ii7 that no database being used for age and identity verification pursuant to subclause 7,i77bb77,,bb7 shall be in the possession or under the control of the delivery seller1 or be subject to any changes or supplementation by the delivery seller2 and 7,,iii7 for definitions of the terms delivery sale1 delivery seller1 online marketplace1 and vapor products4 7iii7 ,definitions ,to the extent the ,secretary determines is appropriate and practicable1 in issuing regulations referred to in clause 7ii77,,iii71 the ,secretary shall define the terms specified in such clause consistent with the following definitions3 7,i7 ,the term delivery sale means a sale of vapor products in which-- 7aa7 the consumer submits the order for the sale by means of a telephone or other method of voice transmission1 the mail or common carrier1 or the ,internet or other online service1 or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made2 or 7bb7 the vapor products are delivered to the buyer by common carrier1 private delivery service1 or other method of remote delivery1 or the seller is not in the physical presence of the buyer when the buyer obtains possession of the vapor products4 7,,ii7 ,the term delivery seller means a person who makes a delivery sale1 or provides an online marketplace to facilitate a delivery sale4 7,,iii7 ,the term online marketplace means an online portal or other digital or similar platform that facilitates the sale of products to consumers1 through retail sale1 auction1 or similar transactions4 7,,iv7 ,the term vapor product-- 7aa7 means any non-combustible product that employs a heating element1 power source1 electronic circuit1 or other electronic1 chemical1 or mechanical means1 regardless of shape or size1 to produce vapor from nicotine in a solution or other form2 7bb7 includes any electronic cigarette1 electronic cigar1 electronic cigarillo1 electronic pipe1 or similar product or device1 and any vapor cartridge or other container of nicotine in a solution or other form2 and 7cc7 does not include a drug or device4 4