WORLAND – President Donald Trump signed into law on Dec. 20, 2019, a new regulation restricting the sale of tobacco products to anyone under the age of 21.

The new law does not explicitly state when it goes into effect. The new law also only addresses purchasing of tobacco but not possession or use of tobacco.

The new federal regulation, passed with the House spending bill, HR 1865 - Further Consolidated Appropriations Act, 2020, specifically changes the sale of tobacco products to individuals under the age of 18 to under the age of 21. It also refers to a funding agreement that requires the states to ensure that retailers do not sell products to individuals under the age of 21.

According to U.S. Food and Drug Administration Press Officer Stephanie Caccomo, “On December 20, 2019, the President signed legislation to amend the Federal Food, Drug, and Cosmetic Act, and raise the federal minimum age of sale of tobacco products from 18 to 21 years. It is now illegal for a retailer to sell any tobacco product – including cigarettes,

cigars and e-cigarettes – to anyone under 21.”

Both Washakie County Sheriff Steve Rakness and Worland Chief of Police Gabe Elliott admit that they are currently in a grey area with enforcing the purchasing of products under the age of 21 because it is currently only a federal law. Since Worland is a municipality, Elliott said they cannot issue citations regarding federal regulations, only those in state law or city code. Rakness said they need guidelines from the federal government that will be passed down to the states, approved at the state level and passed on to cities, towns and counties before they will be able to issue a citation to an adult for purchasing tobacco products under the age of 21.

According to the federal law signed by President Trump, “Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services … shall publish in the Federal Register a final rule to update the regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act … as appropriate, only to carry out the amendments made by subsection (a), including to update all references to persons younger than 18 years of age in subpart B of part 1140 of title 21, Code of Federal Regulations, and to update the relevant age verification requirements under such part 1140 to require age verification for individuals under the age of 30. Such final rule shall— (A) take full effect not later than 90 days after the date on which such final rule is published.”

There is no current state or local law prohibiting anyone under the age of 21 from possessing tobacco products. Current state and local laws prohibit anyone under the age of 18 from possessing or using tobacco products.

Whether or not citations can be issued from law enforcement, local businesses are adhering with the federal regulation per the FDA opinion. Businesses selling tobacco in Washakie County have posted signs requiring everyone to be at least 21 years of age to purchase tobacco products.

According to Rakness, since these businesses have posted the signs, they reserve the right to refuse service to anyone under the age of 21 from purchasing these products. If a commotion is caused by a customer who is above the age of 18 but under the age of 21, they may have law enforcement step in and be charged with breach of peace or disorderly conduct.

There was no grandfather clause written in the spending bill that allowed anyone that was 18-20 on the day the bill was signed to continue purchasing tobacco products, nor was there one regarding members of the military being able to purchase tobacco products under the age of 21.