PAST Act

TABLE OF CONTENTS:

Title I: Regulation of Tobacco Products and Tobacco Product Development

Title II: National Efforts to Reduce Youth Smoking

Title III: Standards to Reduce Involuntary Exposure to

Tobacco Smoke

Title IV: Miscellaneous Provisions

Preventing Addiction to Smoking Among Teens Act (or PAST Act) - States as national goals that the average annual incidence of daily use of tobacco products by individuals under 18 years of age (minors) be reduced: (1) by 30 percent during the fifth and sixth calendar years after the enactment of this Act; (2) by 50 percent during the seventh, eighth, and ninth calendar years thereafter; and (3) by at least 60 percent during the tenth and subsequent years thereafter. Makes the above reduction 25, 35, and 45 percent, respectively, during such periods with respect to smokeless tobacco products.

Title I: Regulation of Tobacco Products and Tobacco Product Development - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include as prohibited activities: (1) the introduction into interstate commerce of any tobacco product that does not comply with health and safety regulatory requirements prescribed pursuant to this Act; and (2) the failure by the manufacturer of a tobacco product to comply with a health risk management standard, a good manufacturing practice standard, or a product labeling, warning, or packaging standard prescribed pursuant to this Act. Subjects tobacco product facilities to inspections under such Act.

Adds a new FDCA chapter concerning health and safety regulatory requirements for tobacco products. Directs the Secretary of Health and Human Services to: (1) receive, assess, and provide appropriate confidentiality regarding certain health information submitted by each manufacturer or importer of tobacco products; (2) develop and implement with respect to such products health risk reduction standards, good manufacturing practice standards, and product labeling, warning, and packaging standards; (3) enforce and revise the labeling, warning, and packaging standards; (4) develop and implement tobacco product reduced risk and marketing standards; (5) establish and oversee a tobacco products scientific advisory committee which shall provide advice on the establishment of tobacco product marketing standards; and (6) submit reports to the Congress evaluating the effectiveness of such chapter and this Act.

Requires each manufacturer or importer of tobacco products to submit to the Secretary specified product information, including ingredients, substances, and compounds, nicotine content, and scientific and marketing research activities and findings. Requires such information to be updated on an annual basis. Provides for the confidentiality of such information. Allows a manufacturer to petition the Secretary for a partial exemption from such requirements based upon a trade secret, with a required petition determination procedure.

Directs the Secretary to establish tobacco product health risk reduction standards. Authorizes the Secretary to amend or revoke such standards.

Authorizes the Secretary to adopt a standard that requires the modification of a tobacco product that involves the gradual reduction of nicotine, the reduction or elimination of other harmful ingredients, substances, and compounds, and changes to reduce the likelihood of cigarette-induced fires. Requires standards adopted to have as their objective the reduction of overall health risk to the public. Prohibits the Secretary from delegating the authority to promulgate a regulation that results in a general prohibition of a class of tobacco products or the elimination of nicotine. Directs the Congress to review, and authorizes it to disapprove of, any rule establishing, amending, or revoking a standard. Requires adopted standards to include the assessment of health risks posed by the components of tobacco, including nicotine and tar, and by tobacco use, including carbon monoxide.

Requires each tobacco manufacturer to submit to the Secretary a health risk assessment for each ingredient, substance, or compound of each tobacco product of such manufacturer. Allows such assessment to be carried out by a third party organization on behalf of one or more manufacturers. Allows the Secretary to prohibit the use of any ingredient, substance, or compound in a tobacco product if no assessment has been submitted within 12 months after enactment of this Act. Provides for the review and approval or disapproval of such assessments.

Directs the Secretary to require that the methods, facilities, and controls used in the manufacture, packaging, and storage of a tobacco product conform to current good manufacturing practices. Directs the Secretary to establish a Tobacco Product Requirements Waiver Board to provide advice and make recommendations with respect to the approval or disapproval of petitions for an exemption or variance from such conformance requirements.

Makes it unlawful for any person to manufacture, package, or import for sale or distribution any cigarettes the package of which fails to bear one of nine specified statements as to the harm or dangers posed by cigarette use. Requires one such statement to be used in any cigarette advertising. Requires such statements to appear on the upper portion of the front panel of the cigarette package and to occupy no less than 25 percent of such panel. Outlines related labeling requirements, with exceptions, for cigarette packaging and advertising. Requires the quarterly rotation of labeling statements.

Makes it unlawful to advertise cigarettes and small cigars on any medium of electronic communications, subject to the jurisdiction of the Federal Communications Commission.

Makes it unlawful for any person to manufacture, package, or import any smokeless tobacco product the package of which fails to bear one of four specified statements as to the harm or dangers posed by such use. Outlines labeling, advertising, and rotation requirements similar to those provided for cigarettes, above, including a prohibition on advertising.

Requires all manufacturers of tobacco products (regular and smokeless) to include on their product a general use statement to the effect that use of such product is intended only for persons 18 years of age and older.

Prohibits, with respect to all tobacco products: (1) any form of outdoor advertising, including in stadiums or arenas; (2) the use of human images or cartoons in advertising; (3) advertising on the Internet; and (4) point-of-sale advertising (with certain exceptions and limitations). Provides general restrictions concerning the use of product names.

Prohibits payments from being made by a manufacturer, distributor, or retailer for the placement of any tobacco product package or advertisement: (1) as a prop in any television program or motion picture; or (2) in a video or on a video game machine. Prohibits such payments from being made to promote the image or use of such products through print or film media that appeals to individuals under 18 years old or through a live performance by an entertainment artist that appeals to such individuals. Requires (with exceptions) tobacco product labeling and advertising to use only black text on a white background.

Prohibits tobacco product manufacturers, importers, distributors, and retailers from marketing, licensing, distributing, or selling any item other than such product which bears the same brand name or other recognizable symbol of such product. Prohibits the use of gifts, contests, and lotteries in conjunction with the sale of tobacco products. Prohibits the use of tobacco brand names for the sponsorship of events, but allows the use of the corporate name under certain conditions.

Allows a product to be designated by the Secretary as a reduced risk tobacco product if such product delivers a substantially lower yield of toxic substances than that delivered by conventional tobacco products. Outlines application, research, and marketing requirements for the reduced risk products. Requires a manufacturer to provide written notice to the Secretary upon the development or acquisition of any technology that would reduce the health risk of such products. Authorizes the Secretary, upon a determination of a reduced health risk of a product, to require: (1) the disclosure and use of the technology providing such reduced risk; and (2) that manufacturers cease manufacturing and marketing products not incorporating such technology.

Directs the Secretary to implement specified restrictions on the marketing of tobacco products to minors, including: (1) prohibitions against retailer distribution of such products to minors, out-of-package distribution, distritution of free samples, or distribution through a vending machine or self-service display; and (2) requirements for photo identification of purchasers under age 27 and for face-to-face transactions. Allows a tobacco product to be distributed through the mail if there is a procedure for verifying that minors are not receiving the mailed products (with a required review of such procedure by the Secretary within two years after enactment of this Act).

Directs the Secretary to establish the Tobacco Products Scientific Advisory Committee to: (1) assist in establishing, amending, or revoking a regulation required in prior provisions of this Act; (2) examine and make recommendations concerning nicotine yield levels; and (3) review other safety, dependence, or health issues relating to tobacco products. Directs the Secretary to prepare and submit to the Congress biennial reports concerning: (1) current sales, advertising, and marketing practices for tobacco products; (2) tobacco product use, especially among individuals under 18 years old; and (3) certain health issues related to tobacco product use.

Allows any person adversely affected by any regulation adopted under this Act to file with the District of Columbia Court of Appeals or any appropriate Federal circuit court a petition for review. Provides review procedures. Allows the Secretary to use certain fees required of manufacturers, distributors, and retailers under this Act for the regulation and control of tobacco products. Requires the Secretary to set the total yearly collected fees at $100 million. Allows the adoption of State and local product regulatory laws that are in addition to, or more stringent than, requirements established under this Act.

Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986.

Directs the Secretary, after certain consultation, to establish and implement a Federal tobacco licensing program to be applied to entities that sell or distribute tobacco products to military installations, U.S. embassies, other Federal entities, and duty-free shops. Treats Indian tribes and lands as a State for purposes of such program.

Title II: National Efforts to Reduce Youth Smoking - Tobacco Use by Minors Prevention Act - Amends the Public Health Service Act to add a new title "National Efforts to Reduce Youth Smoking." Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco.

Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by minors; and (2) determine whether specified percentage reductions have been achieved. Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded.

Requires a State, in order to be eligible for Federal payments for the treatment of health and medical problems related to tobacco product use, to have and enforce a law that prohibits the sale of tobacco products to minors and ensures compliance with such prohibition.

Sets forth a model State law establishing a program under which a person is required to obtain a State or local license to sell or otherwise distribute tobacco products directly to consumers. Includes under the model law provisions: (1) prohibiting tobacco product distribution to minors; (2) requiring tobacco licenses for distributors; (3) requiring photo identification of buyers and face-to-face purchase transactions; and (4) prohibiting out-of-package distribution or product sampling. Outlines tobacco licensing requirements, including State approval or denial within 30 days after application.

Provides civil and criminal penalties for licensees and their employees for the sale or distribution of tobacco products in violation of licensing requirements. Provides for the suspension or revocation of such licenses in appropriate circumstances, requiring an opportunity to be heard on the matter.

Prohibits a minor from purchasing, receiving, possessing, or using tobacco products in public places (mandating parental notification of violation allegations). Mandates random, unannounced inspections of licensed establishments, using minors to test compliance. Regulates retail signage. Requires notification of retail tobacco employees of relevant requirements. Imposes employer liability if such employer pays an employee's penalty. Provides a no-license penalty of two times the applicable license fee and $250 for each day that distribution continues without such license.

Makes $65 million available annually from the Tobacco Settlement Trust Fund (Fund) for FY 1999 through 2008 to carry out the licensing requirements, with a specified per-State allotment of such funds.

Makes specified amounts available from the Fund for such fiscal years to States, on an allotted basis, for various State and community action programs and initiatives for tobacco use prevention and control. Provides State application requirements, including submission of a State plan and certification with respect to funds use, and the establishment of an advisory committee. Requires each State to submit annual reports on funds use and progress made in achieving program goals. Mandates public inspection of reports and State audits of expenditures. Authorizes the Secretary to withhold allotted funds from a State not using such funds for their intended purposes. Considers programs and activities funded under such program as programs receiving Federal financial assistance for purposes of the enforcement of Federal nondiscrimination regulations. Provides criminal penalties for false statements made in receiving or using allotted funds.

Makes specified Trust funds available for FY 1999 through 2008, on an allotted basis, for a State and community smoking cessation program. Outlines application procedures similar to the above program, including State plan and certification, an advisory committee, annual reports, public inspections and State audits, withholding of funds for improper uses, enforcement of Federal nondiscrimination regulations, and criminal penalties.

Directs the Secretary to contract with the Institute of Medicine for a study on the framework for a research agenda and research priorities to be used by the National Tobacco Task Force. Establishes the Task Force to foster coordination among public health agencies, academic bodies, and community groups that conduct or support tobacco-related biomedical, clinical, behavioral, health services, public health and community, and surveillance and epidemiology research activities. Provides Task Force funding from the Fund for ten fiscal years. Requires the Director of the Centers for Disease Control and Prevention to carry out tobacco-related surveillance and epidemiological studies and to develop tobacco control and prevention strategies. Provides funding from the Fund for FY 1999 through 2008.

Establishes the Tobacco Use Prevention and Cessation Board to enter into contracts with or award grants to eligible public and nonprofit private entities to carry out public informational and educational activities designed to reduce the use of tobacco products. Provides funds from the Fund for FY 1999 through 2008.

Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to direct the Secretary, within 12 months after enactment of this title, to promulgate a final standard on indoor air quality in work environments.

Title IV: Miscellaneous Provisions - Provides for the severability of provisions of this Act in the event that any provision is held invalid.