MINIMUM AGE OF SALE OF TOBACCO PRODUCTS.

SEC. 603. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS. (a) In General.—Section 906(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)) is amended— (1) in paragraph (3)(A)(ii), by striking “18 years” and inserting “21 years”; and (2) by adding at the end the following: “(5) Minimum age of sale.—It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.” . (b) [21 U.S.C. 387f note] Regulations.— (1) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall publish in the Federal Register a final rule to update the regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387 et seq.) as appropriate, only to carry out the amendments made by subsection (a), including to update all references to persons younger than 18 years of age in subpart B of part 1140 of title 21, Code of Federal Regulations, and to update the relevant age verification requirements under such part 1140 to require age verification for individuals under the age of 30. Such final rule shall— (A) take full effect not later than 90 days after the date on which such final rule is published; and (B) be deemed to be in compliance with all applicable provisions of chapter 5 of title 5, United States Code and all other provisions of law relating to rulemaking procedures. (2) Other regulations.—Prior to making amendments to part 1140 of title 21, Code of Federal Regulations other than the amendments described in paragraph (1), the Secretary shall promulgate a proposed rule in accordance with chapter 5 of title 5, United States Code. (c) Notification.—Not later than 90 days after the date of enactment of this Act, the Secretary shall provide written notification to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the progress of the Department of Health and Human Services towards promulgating the final rule under subsection (b). If, 180 days after the date of enactment of this Act, such rule has not been promulgated in accordance with subsection (b), the Secretary shall provide a written notification and a justification for the delay in rulemaking to such committees. (d) Penalties for Violations.— (1) [21 U.S.C. 333 note] In general.—Section 103(q)(2) of the Family Smoking Prevention and Tobacco Control Act (Public Law 111-31) is amended— (A) in subparagraph (A), in the matter preceding clause (i), by inserting “section 906(d)(5) or of” after “violations of”; and (B) in subparagraph (C), by inserting “section 906(d)(5) or of” after “a retailer of”. (2) Repeated violations.—Section 303(f)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(8)) is amended by inserting “section 906(d)(5) or of” after “repeated violations of”. (3) Misbranded products.—Section 903(a)(7)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387c) is amended by inserting “section 906(d)(5) or of” after “violation of”.