Sec. 104. Prohibition against remote retail sales
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Paragraph
(4)of section 906(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387f(d) ) is amended to read as follows: Not later than 18 months after the date of enactment of the the Reversing the Youth Tobacco Epidemic Act of 2019 , the Secretary shall promulgate a final regulation prohibiting the retail sale of all tobacco products other than retail sales through a direct, face-to-face exchange between a retailer and a consumer. The regulation required by subparagraph
(A)shall not apply to tobacco products described in section 910(a)(2)(A)(iii). Not later than 18 months after the date of enactment of the the Reversing the Youth Tobacco Epidemic Act of 2019 , the Secretary shall promulgate regulations regarding the sale and distribution of tobacco products described in section 910(a)(2)(A)(iii) that occur through means other than a direct, face-to-face exchange between a retailer and a consumer in order to prevent the sale and distribution of tobacco products described in section 910(a)(2)(A)(iii) to individuals who have not attained the minimum age established by applicable law for the purchase of such products, including requirements for age verification. Nothing in this paragraph— limits the authority of the Secretary to take additional actions under the other paragraphs of this subsection; or preempts the authority of a State or local government to establish restrictions on the retail sale of tobacco products that are at least as restrictive as the prohibition under subparagraph (A). . Section 906(d)(4) of the Federal Food, Drug, and Cosmetic Act, as in effect on the day before the date of enactment of this Act, shall continue to apply until the effective date of the regulations required by section 906(d)(4) of such Act, as amended by subsection (a).
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Sec. 104
Prohibition against remote retail sales
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