View all text of Subpartii [§ 300x-21 - § 300x-35]
§ 300x–26. Sale of tobacco products to individuals under age of 21
(a) In generalA funding agreement for a grant under section 300x–21 of this title is that the State involved will—
(1) annually conduct random, unannounced inspections to ensure that retailers do not sell tobacco products to individuals under the age of 21; and
(2) annually submit to the Secretary a report describing—
(A) the activities carried out by the State to ensure that retailers do not sell tobacco products to individuals under the age of 21;
(B) the extent of success the State has achieved in ensuring that retailers do not sell tobacco products to individuals under the age of 21; and
(C) the strategies to be utilized by the State to ensure that retailers do not sell tobacco products to individuals under the age of 21 during the fiscal year for which the grant is sought.
(b) Noncompliance of State
(1) In general
(2) Limitation
(A) In generalA State shall not have funds withheld pursuant to paragraph (1) if such State for which the Secretary has made a determination of noncompliance under such paragraph—
(i) certifies to the Secretary by May 1 of the fiscal year for which the funds are appropriated, consistent with subparagraph (B), that the State will commit additional State funds, in accordance with paragraph (1), to ensure that retailers do not sell tobacco products to individuals under 21 years of age;
(ii) agrees to comply with a negotiated agreement for a corrective action plan that is approved by the Secretary and carried out in accordance with guidelines issued by the Secretary; or
(iii) is a territory that receives less than $1,000,000 for a fiscal year under section 300x–21 of this title.
(B) Certification
(i) In general
(ii) State expenditures
(iii) Discretion
(C) Failure to certify
(c) Implementation of reporting requirements
(1) Transition periodThe Secretary shall—
(A) not withhold amounts under subsection (b) for the 3-year period immediately following December 20, 2019; and
(B) use discretion in exercising its authority under subsection (b) during the 2-year period immediately following the 3-year period described in subparagraph (A), to allow for a transition period for implementation of the reporting requirements under subsection (a)(2).
(2) Regulations or guidance
(3) Coordination
(d) Transitional grants
(1) In general
(2) Use of fundsA State receiving a grant under this subsection—
(A) shall use amounts received under such grant for activities to plan for or ensure compliance in the State with subsection (a); and
(B) in the case of a State for which the Secretary has made a determination under subsection (b) that the State is prepared to meet, or has met, the requirements of subsection (a), may use such funds for tobacco cessation activities, strategies to prevent the use of tobacco products by individuals under the age of 21, or allowable uses under section 300x–21 of this title.
(3) Supplement not supplant
(4) Authorization of appropriations
(5) Sunset
(e) Technical assistance
(July 1, 1944, ch. 373, title XIX, § 1926, as added Pub. L. 102–321, title II, § 202, July 10, 1992, 106 Stat. 394; amended Pub. L. 116–94, div. N, title I, § 604(a), Dec. 20, 2019, 133 Stat. 3124; Pub. L. 117–328, div. FF, title I, § 1241(a)(6), Dec. 29, 2022, 136 Stat. 5677.)