WASHINGTON -- The House Energy & Commerce Subcommittee on Health has approved legislation—the Family Smoking Prevention & Tobacco Control Act (H.R. 1108)—that would give the Food & Drug Administration (FDA) the authority to regulate the manufacture and sale of tobacco products. The committee voted 18 to 9 in favor of the bill.
Though Republicans offered several amendments to stall the legislation's passage through the subcommittee, both sides ultimately agreed to move the legislation for a full committee markup, according to the Petroleum Marketers Association of [image-nocss] America in its most recent PMAA News from Capitol Hill report.
The bill would establish a schedule of fines for retailer violations that takes into account whether a retailer has training programs for employees. It would also specify that a retailer cannot be held liable for a violation if a minor presents a fake government-issued ID.
The committee adopted two Republican amendments. To allay some concerns that the bill might allow for an expedited regulatory process, Ranking Member Nathan Deal (R-Ga.) offered an amendment that would require all regulations to go through the standard rule-making process. Rep. Michael Burgess (R-Texas) offered an amendment that would require the FDA tobacco program to be funded entirely by user fees and would also bar any U.S. Department of the Treasury money from being shifted from other areas if the user fees are inadequate. The user fees would be paid by tobacco manufacturers and importers to offset the expected loss in revenues from decreased smoking.
Other Republican members offered amendments to delay implementation of the bill ranging from two to 10 years, but the delay of implementation proposals were rejected by voice vote, said the report.
Full committee markup of H.R. 1108 is expected in the next few weeks. PMAA said.
While PMAA grassroots opposition to the retailer provisions continues, the association is urging an increased focus on the need for equity in all forms of sale, including online sales and sales on Native American reservations.
The Senate Health, Education, Labor & Pensions (HELP) Committee marked up the companion bill, S. 625, last August, said PMAA, but no further action has been taken. President Bush has voiced concerns about the legislation in the past; however, last August, the White House Cancer Panel recommended that the federal government raise taxes on tobacco products and begin regulating tobacco as a drug.Members help make our journalism possible. Become a CSP member today and unlock exclusive benefits, including unlimited access to all of our content. Sign up here.