2026-03771Notice

FDA Asks Feedback on Tobacco Seller Training Info

Published Date: 2/25/2026

Notice

Summary

The FDA is asking for public feedback on their plan to keep collecting info about tobacco retailer training programs. These programs help stores teach employees the rules about selling tobacco safely and legally. If approved, this will continue without extra costs but keep the training standards clear and up-to-date. Comments are due by March 27, 2026, so retailers and the public can weigh in!

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Time burden for retailer training records

The FDA estimates 237,113 retail establishments keep records for tobacco retailer training programs each year. FDA estimates one-time development for newly creating programs (18,969 establishments) totals 474,225 hours (25 hours per respondent for development activities) and annual recordkeeping totals 569,071 hours across establishments; FDA reports the total estimated annual hours changed from 2,183,780 to 1,043,296 hours, a decrease of 1,140,484 hours.

Guidance recommends tests, annual refreshers, 4-year records

FDA's guidance recommends retailers train employees on Federal tobacco sale rules, age verification, refusals, and other topics; require a written test before selling tobacco; provide refresher training at least annually; conduct internal compliance checks every 6 months; and retain training records for 4 years so they can show evidence during the 48-month civil money penalty period. Commenters and FDA say these recommendations are linked to preventing youth access to tobacco products.

Program remains voluntary; no FDA approvals now

FDA states the Tobacco Retailer Training Programs guidance is voluntary: retailers are not required to implement programs or submit them to FDA, and FDA will not recognize or approve existing training programs or certifications because it has not promulgated regulations establishing approved programs. FDA also states there are no capital or operating and maintenance costs associated with this information collection.

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Key Dates

Published Date
Comments Due
2/25/2026
3/27/2026

Department and Agencies

Department
Independent Agency
Agency
Health and Human Services Department
Food and Drug Administration
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