84 STAT. 88 84 STAT. 89 Termination date. Notification to Congress. Trade regulation effective date. Report to "(5) The term 'person' means an individual, partnership, corporation, or any other business or legal entity. "(6) The term 'sale or distribution' includes sampling or any other distribution not for sale. “LABELING "SEC. 4. It shall be unlawful for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which fails to bear the following statement: 'Warning: The Surgeon General Has Determined That Cigarette Smoking Is Dangerous to Your Health'. Such statement shall be located in a conspicuous place on every cigarette package and shall appear in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. "PREEMPTION "SEC. 5. (a) No statement relating to smoking and health, other than the statement required by section 4 of this Act, shall be required on any cigarette package. "(b) No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act. "UNLAWFUL ADVERTISEMENTS "SEC. 6. After January 1, 1971, it shall be unlawful to advertise cigarettes on any medium of electronic communication subject to the jurisdiction of the Federal Communications Commission. "FEDERAL TRADE COMMISSION "SEC. 7. (a) The Federal Trade Commission shall not take any action before July 1, 1971, with respect to its pending trade regulation rule proceeding relating to cigarette advertising. If at any time on or after July 1, 1971, the Federal Trade Commission determines it is necessary to take action with respect to such pending trade regulation rule proceeding, it shall notify the Congress of the determination. Such notification shall include the text of the trade regulation rule and a full statement of the basis for such determination. No trade regulation rule adopted in such proceeding may take effect until six months after the Commission has notified the Congress of the text of such rule, in order that the Congress may act if it so desires. "(b) Except as provided in subsection (a), nothing in this Act shall be construed to limit, restrict, expand, or otherwise affect the authority of the Federal Trade Commission with respect to unfair or deceptive acts or practices in the advertising of cigarettes. "(c) Nothing in this Act shall be construed to affirm or deny the Federal Trade Commission's holding that it has the authority to issue trade regulation rules or to require an affirmative statement in any cigarette advertisement. "REPORTS "SEC. 8. (a) The Secretary of Health, Education, and Welfare shall transmit a report to the Congress not later than January 1, 1971, and annually thereafter, concerning (A) current information in the health consequences of smoking, and (B) such recommendations for legislation as he may deem appropriate. "(b) The Federal Trade Commission shall transmit a report to the Report to Congress not later than January 1, 1971, and annually thereafter, Congress. concerning (A) the effectiveness of cigarette labeling, (B) current practices and methods of cigarette advertising and promotion, and (C) such recommendations for legislation as it may deem appropriate. "CRIMINAL PENALTY "SEC. 9. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine of not more than $10,000. "INJUNCTION PROCEEDINGS "SEC. 10. The several district courts of the United States are invested with jurisdiction, for cause shown, to prevent and restrain violations of this Act upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts. "CIGARETTES FOR EXPORT Exemption. 84 STAT. 89 84 STAT. 90 "SEC. 11. Packages of cigarettes manufactured, imported, or packaged (1) for export from the United States or (2) for delivery to a vessel or aircraft, as supplies, for consumption beyond the jurisdiction of the internal revenue laws of the United States shall be exempt from the requirements of this Act, but such exemptions shall not apply Nonapplicability to cigarettes manufactured, imported, or packaged for sale or distribu- provision. tion to members or units of the Armed Forces of the United States located outside of the United States. "SEPARABILITY "SEC. 12. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the other provisions of this Act and the application of such provision to other persons or circumstances shall not be affected thereby." SEC. 3. Section 5 of the amendment made by this Act shall take Effective dates. effect as of July 1, 1969. Section 4 of the amendment made by this Act shall take effect on the first day of the seventh calendar month which begins after the date of the enactment of this Act. All other provisions of the amendment made by this Act except where otherwise specified shall take effect on January 1, 1970. Approved April 1, 1970. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 91-289 (Comm. on Interstate and Foreign Commerce) and No. 91-897 (Comm. of Conference). SENATE REPORT No. 91-566 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 115 (1969): June 17, 18, considered and passed House. 91st Congress, S. J. Res. 190 April 9, 1970 Joint Resolution To provide for the settlement of the labor dispute between certain carriers by railroad and certain of their employees. Whereas the labor dispute between the carriers represented by the Whereas all the procedures for resolving such dispute under the Whereas the representatives of all parties to this dispute reached Whereas the terms of the memorandum of understanding, dated Whereas this failure of ratification has resulted in a threatened nation- Whereas the national interest, including the national health and defense, requires that transportation services essential to interstate commerce is maintained; and Whereas the Congress finds that an emergency measure is essential to security and continuity of transportation services: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the memorandum of understanding, dated December 4, 1969, shall have the same effect (including the preclusion of resort to either strike or lockout) as 84 STAT. 118 Railway labor dispute, settlement. 84 STAT 118 44 Stat. 577. though arrived at by agreement of the parties under the Railway Labor Act (45 U.S.C. 151 et seq.) and that February 19, 1970, shall be deemed the "date of notification of ratification" as used in this memorandum of understanding. Approved April 9, 1970. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-984 accompanying H. J. Res. 1124 (Comm. on SENATE REPORT No. 91-758 (Comm. on Labor & Public Welfare). Apr. 7, 8, considered and passed Senate. Apr. 8, considered and passed House, in lieu of H.J. Res. 1124. 91st Congress, H.R. 14289 An Act To permit El Paso and Hudspeth Counties, Texas, to be placed in the mountain standard time zone. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the first section of the Act of March 4, 1921 (15 U.S.C. 265), the Secretary of Transportation may, upon the written request of the County Commissioners Court of El Paso County, Texas, change the boundary line between the central standard time zone and the mountain standard time zone, so as to place El Paso County in the mountain standard time zone, in the manner prescribed in section 1 of the Act of March 19, 1918, as amended (15 U.S.C. 261), and section 5 of the Act of April 13, 1966 (15 U.S.C. 266). In the same manner, the Secretary of Transportation may also place Hudspeth County, Texas, in the mountain standard time zone, if the Hudspeth County Commissioners Court so requests in writing and if El Paso County is to be placed in that time zone. Approved April 10, 1970. 84 STAT. 119 El Paso and Counties, Texas. 41 Stat. 1446. 80 Stat. 108. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-714 (Comm. on Interstate and Foreign Commerce). CONGRESSIONAL RECORD: Vol. 115 (1969): Dec. 16, considered and passed House. |