
The U.S. Food and Drug Administration states that the federal minimum age to buy tobacco is now 21 years old.
When initially signed into law earlier this month, there was no effective date for raising the age to buy tobacco from 18 to 21. It was suggested that the new law wouldn’t be enforced for about six to nine months.
Many local businesses say they thought they would have more time to implement the new age minimum, but the Food and Drug Administration says that is not true.
The FDA released the following statement on their website:
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. FDA will provide additional details on this issue as they become available.
While the FDA states it’s now illegal to sell tobacco to anyone under the age of 21, both they and the law itself state there are more steps that must be done to finalize things.
“We’re gonna start as of now implementing you have to be 21 to buy tobacco products,” said Susan Brotherton, the owner of Pantry Shelf in Hazard.
For store owners like Brotherton, she said she initially thought she would have 180 days before the age changed, then 90 days for those regulations to take effect.
“It’s not a bad thing, it’s just complicated,” she added.
The FDA will draft regulations within the next 180 days and then publish it. But the age to buy has changed to 21 already, there are just no regulations behind it.
“You know it’s not that hard now, we just have to get it in our head, okay, you have to be 21, let’s see your ID,” Brotherton said.
She said she will have to make modifications to the store. She still has signs that say the age to buy is 18.
“We have to have new signage, we have to get used to implementing and normally you have to let the public know,” she said.
Letting the public know will probably be the most stressful part for her and her staff.
“We’re gonna have a lot of customer frustration, that will be the biggest problem, probably,” she added.
And while she says implementing it will not be difficult, with no regulations laid out by the FDA, it will be confusing.
This new regulation not only has businesses scrambling. Several people have made comments about their thoughts.
While most people did agree that the decision to smoke should be decided by an adult considering the dangerous effects it can have. There was some argument about how the governments idea of what an adult is, depends on why your asking.
One man wrote a public Facebook comment: “I do not not smoke and never have. But at 18 you can be sent to Iraq to die but cannot buy cigarettes or beer, something is not right with that.”
Another person also wrote saying: “Alcohol and tobacco should be legal to purchase & consume at the age of 18. An adult is an adult, why discriminate what laws apply to them and which ones dont?”
Several people agreed with these comments. Though it was mixed on if they believe it should stay at 18 or if the age to join the armed forces be moved to 21 as well.
Some also saying that this regulation wasn’t worth government and tax payers times.
“I don’t think it will make a difference one way or another. Kids are going to smoke if they want to. Lawmakers have more important issues to addressed.” Commented some else.