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Title 42 — The Public Health and WelfareRelease 119-73

§300x–26 Sale of tobacco products to individuals under age of 21

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XVII— - BLOCK GRANTS › Part Part B— - Block Grants Regarding Mental Health and Substance Use › Subpart subpart ii— - block grants for substance use prevention, treatment, and recovery services › § 300x–26

Last updated Apr 6, 2026|Official source

Summary

States that get federal grants to prevent tobacco sales must do yearly, random, unannounced checks to make sure stores do not sell tobacco to anyone under 21. Each year the State must send the Secretary a short report saying what it did, how well it worked, and what it will do next year to keep retailers from selling to people under 21. Before giving a grant, the Secretary will check if the State met those rules. If a State is found not to comply after notice and a chance for a hearing, the Secretary can cut up to 10 percent of that State’s allotment. A State can avoid a cut if, by May 1 of the grant year, it either promises to add extra State funds, agrees to a corrective plan approved by the Secretary, or is a territory that gets less than $1,000,000 that year. The extra State money must equal 1 percent of the State’s allocation for each percentage point the State missed the Secretary’s retailer compliance goal. States must keep their tobacco prevention and compliance spending at least at last year’s level plus the new required money, and must report spending by July 31. The Secretary will not withhold funds for the three years after December 20, 2019, and will use discretion for the next two years. The Secretary must update guidance within 180 days after December 20, 2019, coordinate technical help with the FDA, give technical assistance to States, and award special compliance grants. Those grants must add to, not replace, other public funds, may be used for planning, enforcement, quitting help, or youth prevention, and Congress authorized $18,580,790 per year for fiscal years 2020–2024. The grant rules in this part end on September 30, 2024.

Full Legal Text

Title 42, §300x–26

The Public Health and Welfare — Source: USLM XML via OLRC

(a)A 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)(1)Before making a grant under section 300x–21 of this title to a State, the Secretary shall make a determination of whether the State has maintained compliance with subsection (a). If, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with such subsections, the Secretary shall reduce the amount of the allotment under such section for the State for the fiscal year involved by an amount up to 10 percent of the amount determined under section 300x–33 of this title for the State for the applicable fiscal year.
(2)(A)A 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)(i)The amount of funds to be committed by a State pursuant to subparagraph (A)(i) shall be equal to 1 percent of such State’s allocation determined under section 300x–33 of this title for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary.
(ii)For a fiscal year in which a State commits funds as described in clause (i), such State shall maintain State expenditures for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for the preceding fiscal year, plus the additional funds for tobacco compliance activities required under clause (i). The State shall submit a report to the Secretary on all State obligations of funds for such fiscal year and all State expenditures for the preceding fiscal year for tobacco prevention and compliance activities by program activity by July 31 of such fiscal year.
(iii)The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subparagraph (A)(i) as late as July 31 of such fiscal year.
(C)If a State described in subparagraph (A) fails to certify to the Secretary pursuant to subparagraph (A)(i) or enter into, or comply with, a negotiated agreement under subparagraph (A)(ii), the Secretary may take action pursuant to paragraph (1).
(c)(1)The 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)Not later than 180 days after December 20, 2019, the Secretary shall update regulations under part 96 of title 45, Code of Federal Regulations 11 So in original. Probably should be followed by a comma. or guidance on the retailer compliance rate goal under subsection (b), the use of funds provided under section 300x–21 of this title for purposes of meeting the requirements of this section, and reporting requirements under subsection (a)(2).
(3)The Secretary shall ensure the Assistant Secretary for Mental Health and Substance Use coordinates, as appropriate, with the Commissioner of Food and Drugs to ensure that the technical assistance provided to States under subsection (e) is consistent with applicable regulations for retailers issued under part 1140 of title 21, Code of Federal Regulations.
(d)(1)The Secretary shall award grants under this subsection to each State that receives funding under section 300x–21 of this title to ensure compliance of each such State with this section.
(2)A 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)Grants under this subsection shall be used to supplement and not supplant other Federal, State, and local public funds provided for activities under paragraph (2).
(4)To carry out this subsection, there are authorized to be appropriated $18,580,790 for each of fiscal years 2020 through 2024.
(5)This subsection shall have no force or effect after September 30, 2024.
(e)The Secretary shall provide technical assistance to States related to the activities required under this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1926 of act
July 1, 1944, was classified to section 300x–12 of this title prior to repeal by Pub. L. 102–321. Another prior section 1926 of act
July 1, 1944, was classified to section 300y–5 of this title prior to repeal by Pub. L. 99–280.

Amendments

2022—Subsec. (b)(2)(B)(i). Pub. L. 117–328 struck out “substance abuse” before “allocation”. 2019—Pub. L. 116–94, § 604(a)(1), struck out “State law regarding” before “sale” and substituted “21” for “18” in section catchline. Subsec. (a). Pub. L. 116–94, § 604(a)(3), (4), redesignated subsec. (b) as (a) and amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the requirement of State

Enforcement

of law in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18 in order to qualify for funding agreements for grants under section 300x–21 of this title, and activities and reports regarding such

Enforcement

. Pub. L. 116–94, § 604(a)(2), struck out subsec. (a), which required grants under section 300x–21 of this title for fiscal year 1994 and subsequent fiscal years to be based on the existence of State law forbidding sale or distribution of tobacco products to any individual under the age of 18, and providing delayed applicability of requirement for certain States. Subsec. (b). Pub. L. 116–94, § 604(a)(5), designated introductory provisions as par. (1), inserted par. heading, struck out “for the first applicable fiscal year or any subsequent fiscal year” after “a State”, substituted “subsection (a)” for “subsections (a) and (b)” and “up to 10 percent of the amount determined under section 300x–33 of this title for the State for the applicable fiscal year.” for “equal to—”, added par. (2), and struck out former pars. (1) to (4), which related to allotment reductions for first applicable fiscal years and three following fiscal years. Pub. L. 116–94, § 604(a)(3), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 116–94, § 604(a)(6), added subsec. (c). Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 116–94, § 604(a)(2), (6), added subsec. (d) and struck out former subsec. (d) which defined “first applicable fiscal year”. Subsec. (e). Pub. L. 116–94, § 604(a)(6), added subsec. (e).

Reference

Citations & Metadata

Citation

42 U.S.C. § 300x–26

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73