Tobacco.org

S. 1147: Text of Legislation, Introduced in Senate 

• This version: Introduced in Senate. This is the original text of the bill as it was written by its sponsor and submitted to the Senate for consideration. This is the latest version of the bill available on this website. . . .

• (a) Short Title- This Act may be cited as the ‘Prevent All Cigarette Trafficking Act of 2009’ or ‘PACT Act’.

• (b) Findings- Congress finds that--

• (1) the sale of illegal cigarettes and smokeless tobacco products significantly reduces Federal, State, and local government revenues, with Internet sales alone accounting for billions of dollars of lost Federal, State, and local tobacco tax revenue each year;

• (2) Hezbollah, Hamas, al Qaeda, and other terrorist organizations have profited from trafficking in illegal cigarettes or counterfeit cigarette tax stamps;

• (3) terrorist involvement in illicit cigarette trafficking will continue to grow because of the large profits such organizations can earn;

• (4) the sale of illegal cigarettes and smokeless tobacco over the Internet, and through mail, fax, or phone orders, makes it cheaper and easier for children to obtain tobacco products;

• (5) the majority of Internet and other remote sales of cigarettes and smokeless tobacco are being made without adequate precautions to protect against sales to children, without the payment of applicable taxes, and without complying with the nominal registration and reporting requirements in existing Federal law;

• (6) unfair competition from illegal sales of cigarettes and smokeless tobacco is taking billions of dollars of sales away from law-abiding retailers throughout the United States;

• (7) with rising State and local tobacco tax rates, the incentives for the illegal sale of cigarettes and smokeless tobacco have increased;

• (8) the number of active tobacco investigations being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives rose to 452 in 2005;

• (9) the number of Internet vendors in the United States and in foreign countries that sell cigarettes and smokeless tobacco to buyers in the United States increased from only about 40 in 2000 to more than 500 in 2005; and

• (10) the intrastate sale of illegal cigarettes and smokeless tobacco over the Internet has a substantial effect on interstate commerce.

• (c) Purposes- It is the purpose of this Act to--

• (1) require Internet and other remote sellers of cigarettes and smokeless tobacco to comply with the same laws that apply to law-abiding tobacco retailers;

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S. 1147 - Summary: PACT Act 

5/21/2009--Introduced.

Prevent All Cigarette Trafficking Act of 2009 or PACT Act - Amends the Jenkins Act to: (1) include smokeless tobacco as a regulated substance; (2) impose shipping and recordkeeping requirements on delivery sellers (sellers using the telephone, mails, or the Internet) of cigarettes and smokeless tobacco; (3) require common carriers of cigarette products to obtain age and identity verification upon delivery of such products; (4) require the Attorney General to compile and publish a list of delivery sellers of cigarettes or smokeless tobacco who have not complied with the registration or other requirements of such Act; (5) increase criminal penalties and impose new civil penalties for violations of this Act; and (6) grant jurisdiction to U.S. district courts to prevent and restrain violations of this Act and direct the Attorney General to administer and enforce this Act. Amends the federal criminal code to: (1) treat cigarettes and smokeless tobacco as nonmailable and prohibit such items from being deposited in or carried through the U.S. mails (with specified exceptions, including for mailings for consumer testing); and (2) authorize officers of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to enter the premises of certain cigarette shippers to inspect records and inventories. Prohibits a tobacco product manufacturer or importer from selling or delivering in states cigarettes not in compliance with model or qualifying state statutes. Limits the applicability of this Act with respect to Indian tribes and certain tribal matters. Directs the ATF Director to create regional contraband tobacco trafficking teams and a Tobacco Intelligence Center to monitor and coordinate tobacco diversion investigations. Expresses the sense of Congress with respect to the precedential effect of this Act.

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OFFICIAL BUSINESS MEETING NOTICE & SUMMARY:  

II. Bills . . .

S.1147, Prevent All Cigarette Trafficking Act of 2009 (Kohl, Leahy, Schumer, Specter, Feinstein, Klobuchar)

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Karriem to ask council to wait on smoking rules 

With the Columbus City Council poised to vote tonight on a proposed smoking ordinance, Ward 5 Councilman Kabir Karriem said he plans to ask the council to hold off, and instead call a public hearing on the matter.

The council meets at 5 p.m. in City Hall.

The ordinance, proposed by Ward 3 Councilman Charlie Box, bans smoking in "all enclosed public places," including restaurants.

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Statewide Tobacco Compliance Checks 

As part of the Nebraska comprehensive tobacco cessation and merchant education process the state checks to see if youth under 18 can buy tobacco products. Below is a table showing the rate of sales to minors since 1995. Nebraska has dropped below 20 percent sales rate to minors in checks conducted by the Nebraska State Patrol and local Peace Officers. The goal is to have a violation rate across the state of less than 10 percent.

Checks are conducted throughout the year and summarized into regional and statewide rates. . . .

During the first three quarters of 2009 the Cooperating Individuals ( individuals between 15 and 17 years of age), and peace officers conducted compliance checks at nearly 800 retailers in the state. The table below summarizes the results of the compliance checks and the 104 retailers who sold to the cooperating individual. Compliance checks used for this study are conducted in a strict statewide random sampling procedure. Your local community coalition may be working to conduct checks, and retailer education in your community.

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Resources For Industry 

Chapter IX of the Federal Food, Drug, and Cosmetic Act (the act), as amended by the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) requires industry submission of certain information.

Establishment Registration and Product Listing Under section 905 of the act, every person who owns or operates any domestic establishments engaged in the manufacture, preparation, compounding, or processing of a regulated tobacco product must register those establishments with FDA by December 31 of each year. All registrants must also submit a list of all tobacco products which are being manufactured by that person for commercial distribution, along with certain accompanying information including all labeling.

* Guidance for Industry: Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments

* The FDA’s eSubmitter tool is designed to facilitate efficient and secure electronic submission of this information and provides automatic acknowledgement of FDA receipt with attached data from FDA to facilitate future submissions. Instructions and helpdesk assistance (esubmitter@fda.hhs.gov or 1-877-FDA-1CTP (1-877-332-1287)) are available. The instructions also address information regarding obtaining a DUNS number.

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City to consider smoking ordinance  

The Columbus City Council Tuesday is scheduled to consider a city-wide smoking ordinance which includes options for non-smokers and smokers.

The proposed ordinance, which largely is modeled after a Tennessee state law, bans smoking in "all enclosed public places," including restaurants.

But it allows smoking in "age-restricted venues," or bars, restaurants and other establishments, which only allow people age 21 or over to enter, and "private clubs," which restrict access to the general public.

"I just think it's the right thing to do," Ward 3 Councilman Charlie Box said of the ordinance, which he proposed. "Secondhand smoke is one of the most dangerous things in the world. There's just study, after study, after study on that. . . .

Proposed ordinance

AN ORDINANCE OF THE CITY OF COLUMBUS, MISSISSIPPI, ENACTING AN ORDINANCE

BANNING AND/OR RESTRICTING SMOKING

KNOWN AS THE COLUMBUS, MISSISSIPPI NON-SMOKER PROTECTION ACT

WHEREAS, scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; and

WHEREAS, such scientific studies, including st

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Fire Safe Cigarette Registration and Approval Information (PDF) 

Public Act 56 of 2009 known as the Fire Safety Standard and Firefighter Protection Act (attached) provides for the regulation of the sale and distribution of fire safe cigarettes. These cigarettes are specifically manufactured to self-extinguish if they are left unattended. As careless smoking is the second leading cause of home fire related deaths and injuries in the United States, this legislation will result in saving lives. Michigan is one of 49 states to have this type of law, which takes effect on January 1, 2010.

Cigarette manufacturers are required to register their cigarette brand families and pay a fee of $1250 for each brand family in order to sell these cigarettes in Michigan. After January 1, 2010, it will be unlawful to sell non-compliant cigarettes in Michigan that have tax stamps after that date. Packaging for these cigarettes are required by law to have a special mark called the Fire Standard Compliant (FSC) mark indicating that the cigarettes meet certified laboratory low ignition standards. These marks must be submitted to the State Fire Marshal for approval.

The brand family registration process currently under development will consist of an on- line registration and payment process for brand families and associated styles (brands). . . .

Beginning November 9, 2009, the approval process for the FSC packaging mark will consist of the manufacturer simply sending an email with an illustration of the FSC mark that meets the requirements of the law attached as a PDF file to statefiremarshal@michigan.gov the request will be reviewed and an approval email will be sent to the manufacturer within five business days.

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• FDA Warns Companies against Marketing Illegal Flavored Cigarettes 

The U.S. Food and Drug Administration is enforcing the flavored cigarette ban provision of the Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) by issuing several warning letters to companies continuing to sell illegal flavored cigarettes to consumers in the United States through their Web sites.

The warning letters directed the companies to cease the marketing and sale of these products immediately or to take other appropriate action to bring the products into compliance with the law. Failure to do so may result in additional regulatory actions such as seizure or injunction. In addition, FDA requested a written response from each of the companies within 15 days outlining the corrective actions taken.

Enforcement of the flavored cigarette ban is FDA’s effort to remove cigarettes that contain certain candy or fruit flavors from the marketplace. Removal of these products from the market will assist in the prevention of children and adolescents from starting to smoke and in the reduction in death and disease caused by smoking.

“FDA takes the enforcement of this flavored cigarette ban seriously,” said Lawrence R. Deyton, M.S.P.H, M.D., director of FDA’s Center for Tobacco Products. These actions should send a clear message to those who continue to break the law that FDA will take necessary actions to protect our children from initiating tobacco use.” . . .

Report possible violations of the flavored cigarette ban: www.fda.gov/flavoredtobacco

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EXHIBIT A / ORDINANCE NO. 24,105, 2009 (PDF) 

AN ORDINANCE

AMENDING TITLE VI SLCRO 1974 AS AMENDED, "PUBLIC HEALTH AND WELFARE," BY ENACTING AND ADDING THERETO ONE NEW CHAPTER TO BE KNOWN AS CHAPTER 605, "INDOOR CLEAN AIR CODE."

BE IT ENACTED BY THE PEOPLE OF ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

SECTION 1. Title VI SLCRO 1974 as amended, "Public Health and Welfare," is amended by enacting and adding thereto one new chapter which shall be known as Chapter 605, "Indoor Clean Air Code," and shall read as follows:

605.010 Scope. - In order to enhance the public health and prevent the entrance of disease in St. Louis County, the provisions of this chapter shall apply in all unincorporated parts of St. Louis County and in all incorporated areas except any municipality having a population of 75,000 or more people and which maintains an organized health department. . . .

SECTION 2. This ordinance shall become effective on January 2, 2011.

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• SUMMARY REPORT GENERAL ELECTION  

SUMMARY REPORT

GENERAL ELECTION

UNOFFICIAL RESULTS . . .

ST. LOUIS COUNTY-PROPOSITION N

**PROHIBITION OF SMOKING**

(Vote for ) 1

(WITH 479 OF 480 PRECINCTS COUNTED 99.79%)

YES . . . . . . . . . . . . 89,405 65.39

NO. . . . . . . . . . . . . 47,313 34.61

KIRKWOOD-PROPOSITION 1

**PROHIBITION OF SMOKING**

(Vote for ) 1

(WITH 15 OF 15 PRECINCTS COUNTED)

YES . . . . . . . . . . . . 4,628 65.24

NO. . . . . . . . . . . . . 2,466 34.76

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• November 4 Election Results 

SUMMARY REPORT . . .

VOTES PERCENT

PRECINCTS COUNTED (OF 480). . . . . 211 43.96

REGISTERED VOTERS - TOTAL . . . . . 705,716

BALLOTS CAST - TOTAL. . . . . . . 64,021

VOTER TURNOUT - TOTAL . . . . . . 9.07

ST. LOUIS COUNTY-PROPOSITION N

**PROHIBITION OF SMOKING**

(Vote for ) 1

(WITH 211 OF 480 PRECINCTS COUNTED 43.96%)

YES . . . . . . . . . . . . 40,475 63.55

NO. . . . . . . . . . . . . 23,216 36.45

KIRKWOOD-PROPOSITION 1

**PROHIBITION OF SMOKING**

(Vote for ) 1

(WITH 0 OF 15 PRECINCTS COUNTED)

YES . . . . . . . . . . . . 244 72.84

NO. . . . . . . . . . . . . 91 27.16

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• GENERAL ELECTION FOR INFORMATIONAL USE ONLY (PDF) 

ST LOUIS COUNTY

PROPOSITION N

SIMPLE MAJORITY

REQUIRED

Shall the Revised Ordinances of St. Louis County be amended by enacting and adding thereto a prohibition of smoking in enclosed public places in St. Louis County, all as set forth in Exhibit A of Ordinance No. 24,105 on file with the St. Louis County Administrative Director and the St. Louis County Board of Election Commissioners?

YES NO

EXCERPT

CITY OF KIRKWOOD

PROPOSITION 1

SIMPLE MAJORITY

REQUIRED

Shall the city of Kirkwood prohibit smoking in enclosed places of employment and enclosed public places for the purpose of reducing workers and citizens exposure to secondhand tobacco smoke?

YES NO

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• Operation ‘Samhna’ : Potentially the largest seizure of cigarettes ever 

A multi agency operation, code named ‘Samhna’, headed up by Revenue’s Customs Service, is currently underway in Greenore Port, Co Louth, and surrounding area.

The operation, targeting the suspected criminal activities of an organised crime group operating both north and south of the border, involved the surveillance of a general cargo vessel M/V Anne Scan, which sailed from the Philippines on 15/09/2009 for Greenore Port, arriving at approximately 0600 hours on Monday, 26/10/2009, carrying a cargo declared as ‘animal feed’. Officers kept the vessel under surveillance, as they suspected that a large consignment of contraband cigarettes was concealed within the cargo.

Following the discharge of part of the cargo from the vessel earlier this morning onto awaiting trucks, which were allowed onwards to the importer’s premises, the multi agency task force, involving Officers of Revenues Customs Service and An Garda Siochana, moved in and raided several premises in the Co. Louth area, in addition to mounting an operation on the vessel itself. A large consignment of contraband cigarettes has been confirmed, estimated to be in excess of 120m cigarettes with a retail value of about €50m and a potential revenue at risk of approximately €40m. Several persons have been arrested at various locations by the Gardai for questioning.

The operation in the Republic of Ireland involved Officers of Revenue’s Customs Service, An Garda Siochana, The Criminal Assets Bureau, the Irish Naval Service and Air Corps and in Northern Ireland, Officers of HM Revenue & Customs and the PSNI. In addition the European Anti-Fraud Office (OLAF), which was also involved, will co-ordinate the international enquiries which will form part of the follow-up investigations. It is estimated that in excess of 150 Officers from the various Agencies participated in the field in today’s operation.

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SmokeFree.NC.gov 

House Bill 2 Goes Into Effect Jan. 2, 2010

Welcome

The Law

Proposed Rules

Frequently Asked Questions

Tools for Businesses

Educational Materials

Secondhand Smoke

Quitting Tobacco Use

Contact Us: Local Health Departments

Complaint Form: Reporting Violation(s)

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