PCA Magazine Winter 2020

PREMIUMCIGARS.ORG WINTER 2020 | PCA The Magazine 13 Federal Age to Purchase Tobacco Products Increases to 21 Late last year, President Trump signed a $1.4 trillion spending package that included raising the legal purchase age of tobacco products from 18 to 21. The legislation is considered a “clean” tobacco 21 age raise that does not include other anti-tobacco provisions. PCA previously reported on five bills considered in Congress that would include a raise in the age of purchase for tobacco products. The law also requires retailers to check ID for persons under the age of 30, which was raised from 27. Typically, laws such as this require the agency of jurisdiction (the FDA, in this case) to release regulations within 180 days of the law’s enactment and make changes within 90 days. Although a regulation has not been formally released (as of this printing), the FDA announced on its website and social media accounts that sales of tobacco products to persons under the age of 21 would go into effect immediately. PCA recommends ceasing tobacco sales to persons under 21 immediately as per the statement by the FDA. KEY CHANGES: • Age of sale of tobacco products from age 18 to 21 • ID checks for tobacco products purchases from 27 to 30 • Sales change is effective immediately • Military exemption was not federally adopted • Applied to premium cigars and pipe tobacco, among other tobacco products Tobacco 21 FAQs Does the Federal Tobacco 21 law have a military exemption? The federal prohibition contains no exemption for military personnel who are between 18 and 20 years of age. In states that already have the 21 minimum purchase age and a military exemption, retailers would violate federal law by selling to military personnel who are age 18 to 20. — What should I do about signage in my retail shop? All retailers should continue to comply with state and local signage requirements, even if the signs currently required do not reflect that federal law now prohibits retailer sales of tobacco products to individuals under 21. We anticipate that, in the coming months, states and localities that do not already have a 21 minimum purchase age may alter their signage requirements to reflect the change in federal law. While these legacy signs may confuse consumers in states and localities that still have a minimum purchase age of 18 or 19, state or local enforcement agencies could still attempt to cite retailers for noncompliance with the state or local signage requirements during this interim period. All retailers should still comply with the new federal prohibition on retailer sales of tobacco products to individuals under 21; doing so effectively may require training staff to explain the potential discrepancies between signage required by state/local law and the requirements of the new federal law. — When does Tobacco 21 go into effect? As we read the law, the federal statutory prohibition on retailers’ selling tobacco products to individuals under 21 took effect when the president signed the budget bill into law (i.e., Dec. 20, 2019). On its website, the FDA confirmed our understanding that the statutory minimum purchase age of 21 took effect upon the bill’s signing: “Note: On December 20, 2019, the president signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell any tobacco product—including cigarettes, cigars and e-cigarettes, to anyone under 21. FDA will provide additional details on this issue as they become available.” News + Notes cont. N E W S + N O T E S