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OCR Page 1 of 55S.L.C.
O:\BAI\BAI98.251
34
1
checks and enforce State laws under this section
2
through the use of penalties described in subsection
3
(c) SO as to ensure that minors are successful in pur-
4
chasing tobacco products less than 5 percent of the
5
time.
6
"(2) REQUIREMENTS.-The Secretary may by
7
regulation implement such requirements as the Sec-
8
retary determines necessary to ensure that any com-
9
pliance checks performed by the State under para-
10
graph (1) are accurate.
11
"(3) VIOLATIONS.-If the Secretary determines
12
that the provisions of subsection (a) are being vio-
13
lated within a State, the Secretary shall have the au-
14
thority to enforce such provisions in the State.
15
"(e) STATE COMPLIANCE.-Beginning with the 3rd
16 full calendar year following the date of enactment of this
17 subchapter, if, with respect to a State, the Secretary deter-
18 mines that minors are successful in purchasing tobacco
19 products more than 5 percent of the time, the Secretary
20 shall notify the State and reduce payments to the State
21 under section 111 of the Healthy Kids Act by 1 percent
22 for each percentage point by which the State is not in com-
23 pliance with this subsection.
24
"(f) PREEMPTION.-The provisions of this section
25 shall not preempt any provision of State or local law. that
February 12, 1998
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