123STA T . 1 8 31 PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9(C)strikepa ra g rap h s (a) , ( b ),a nd (i) of se c tion 897.3 and insert definitions of the ter m s ‘ ‘cigarette ’ ’, ‘‘cigarette tobacco’’, and ‘‘smoke l ess tobacco’’ as defined in section 9 0 0ofthe F ederal Food, D r u g, and Cosmetic A ct
(D) insert ‘‘or roll -y our-o w n paper’’ in section 897.3 4 (a) after ‘‘other than cigarettes or smokeless tobacco’’; ( E ) include such modifications to section 897.30(b), if any, that the S ecretary determines are appropriate in light of go v erning First Amendment case law, including the deci- sion of the Supreme Court of the U nited States in L orillard T obacco Co. v. R eilly ( 5 33 U.S. 5 2 5 (200 1 )); (F) become effective on the date that is 1 year after the date of enactment of this Act; and ( G ) amend paragraph (d) of section 897.1 6 to read as follows
‘‘(d)(1) E x cept as provided in subparagraph (2), no manufac- turer, distributor, or retailer may distribute or cause to be distrib- uted any free samples of cigarettes, smokeless tobacco, or other tobacco products (as such term is defined in section 201 of the Federal Food, Drug, and Cosmetic Act). ‘‘(2)(A) Subparagraph (1) does not prohibit a manufacturer, distributor, or retailer from distributing or causing to be distributed free samples of smokeless tobacco in a q ualified adult-only facility. ‘‘( B ) This subparagraph does not affect the authority of a State or local government to prohibit or otherwise restrict the distribution of free samples of smokeless tobacco. ‘‘(C) For purposes of this paragraph, the term ‘qualified adult- only facility’ means a facility or restricted area that — ‘‘(i) requires each person present to provide to a law enforce- ment officer (whether on or off duty) or to a security guard licensed by a governmental entity government-issued identifica- tion showing a photograph and at least the minimum age established by applicable law for the purchase of smokeless tobacco; ‘‘(ii) does not sell, serve, or distribute alcohol; ‘‘(iii) is not located ad j acent to or immediately across from (in any direction) a space that is used primarily for youth- oriented marketing, promotional, or other activities; ‘‘(iv) is a temporary structure constructed, designated, and operated as a distinct enclosed area for the purpose of distrib- uting free samples of smokeless tobacco in accordance with this subparagraph; ‘‘(v) is enclosed by a barrier that— ‘‘( I ) is constructed of, or covered with, an opaque mate- rial (except for entrances and exits); ‘‘(II) extends from no more than 12 inches above the ground or floor (which area at the bottom of the barrier must be covered with material that restricts visibility but may allow airflow) to at least 8 feet above the ground or floor (or to the ceiling); and ‘‘(III) prevents persons outside the qualified adult-only facility from seeing into the qualified adult-only facility, unless they make unreasonable efforts to do so; and ‘‘(vi) does not display on its exterior— ‘‘(I) any tobacco product advertising; Ef f ectiv e da te .
