Tobacco Product Education and Health Protection Act of 1991

Tobacco Product Education and Health Protection Act of 1991 - Amends the Public Health Service Act to add a new title establishing a Center on Tobacco and Health within the Centers for Disease Control (CDC) to conduct and coordinate Federal education, research, and law enforcement with regard to tobacco products and to monitor and restrict the use of tobacco additives. Authorizes contracts and cooperative agreements to carry out the title. Authorizes appropriations.

Directs the Secretary of Health and Human Services, through the CDC Director, to: (1) conduct certain educational and research activities; and (2) make grants and enter into contracts and cooperative agreements to conduct public information campaigns concerning the use of tobacco products, using any mode of conveying information the Secretary considers appropriate. Authorizes appropriations.

Directs the Secretary, through the CDC Director, to designate between ten and 20 model States and make grants to them to assist in improving State leadership in activities that prevent initial tobacco use among minors, encourage cessation among youth and others, and enforce a prohibition of tobacco product sales to minors. Declares eligible for the grants those States which have and enforce laws prohibiting sales to minors, laws reducing use of or access to cigarette vending machines by minors, and prohibit (or seek to prohibit) the provision of free tobacco product samples.

Mandates that the Secretary, through the Director and on request, provide certain types of assistance with regard to retail establishments, including printed materials, assistance in planning events to educate the establishments, assistance in developing systems to report establishments that consistently sell tobacco products to minors, and assistance in developing systems to notify such establishments.

Authorizes appropriations for grants to model States.

Directs the Secretary to make grants and enter into contracts and cooperative agreements for educational activities to reduce the incidence of tobacco use among workers with high prevalences of tobacco use. Authorizes appropriations.

Directs the Secretary to carry out a program to inform the public of the health dangers presented by cigarette smoking including, with regard to the health effects of cigarette smoking and passive smoke: (1) conducting and supporting research; (2) coordinating all activities of the Department of Health and Human Services; (3) maintaining liaison with private and public agencies; (4) collecting, compiling, and disseminating information; and (5) establishing an outreach program to youth under the age of 18. Directs the Secretary to establish an Interagency Committee on Smoking and Health.

Directs the Secretary to carry out a program to inform the public of health dangers from the use of smokeless tobacco, including educational programs, research, and dissemination of information. Authorizes the Secretary to provide technical assistance and make grants to States to assist in the development and distribution of educational programs and materials, and to assist States in enacting laws and regulations establishing 18 as the minimum age for purchasing smokeless tobacco.

Prohibits certain acts, including: (1) acts relating to adulterated or misbranded tobacco products; (2) subject to exception, the using or revealing of any trade secret acquired under these provisions; (3) the false representation or suggestion that an approval of any tobacco product is in effect under certain provisions; and (4) failure to transmit certain product information to any individual on request.

Directs the Secretary, in order to carry out the prohibitions, to establish within the Public Health Service, or designate an existing entity within the Service, as an Office of Regulatory Affairs. Provides, with respect to a State designated under this Act as a model State, for denial of delivery and a ban on shipping tobacco products to a retail establishment with a pattern or practice of selling tobacco products to minors. Authorizes U.S. district courts to enforce the prohibitions as described under specified provisions of the Federal Food, Drug, and Cosmetic Act. Allows an individual, or a class or organization on behalf of an individual, to bring a civil action for injunctive relief, monetary damages, and attorney's fees.

Requires manufacturers, importers, or packagers of any tobacco product brand name to provide to the Secretary: (1) a complete list of the levels of tar, nicotine, and carbon monoxide for each brand and each tobacco additive used and the range of quantities of the additive used in all names manufactured, imported, or packaged by the person; and (2) on request of the Secretary, information regarding the health impact of the additives.

Directs the Secretary to prescribe requirements for manufacturers to place information in packages of tobacco products regarding tar, nicotine, carbon monoxide, and additives. Allows spices, flavorings, fragrances, and colorings to be so designated without specifically naming each. Considers a tobacco product misbranded unless it is labeled as required in these provisions.

Authorizes the Secretary, if an additive, by itself or in conjunction with any other additive, significantly increases the human health risk of the product, to require the levels of the additive to be reduced, or to prohibit its use.

Makes it unlawful to manufacture, import, or package any tobacco product brand name unless the warning labels required by the Federal Cigarette Labeling and Advertising Act meet certain requirements. Considers a tobacco product adulterated if an additive level exceeds the limit set, or if other conditions are met.

Authorizes the Office of Regulatory Affairs to conduct examinations and investigations under these provisions through officers and employees of the Department of Health and Human Services or through any health officer or employee of any State duly commissioned as an officer of the Department.

Requires the Center, when a sample of a tobacco product is collected for analysis and on request, to provide a part of the official sample for examination or analysis by any person named on the label of the product, or the owner, or their agent.

Considers any product that contains nicotine but is not a tobacco product to be a drug under specified provisions of the Federal Food, Drug, and Cosmetic Act.

Prohibits interpreting anything in the title added by this Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smoking Education Act of 1984 to relieve any person from liability under common law or State statutory law to any other person.

Declares that nothing in the title added by this Act, the Cigarette Labeling Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act shall prevent a State or local government from enacting additional restrictions on the sale or distribution of tobacco products or on the placement or location of stationary outdoor or transit advertising of tobacco products.

Directs the Secretary, through the CDC Director, to assist schools in the implementation of effective programs and policies to prevent tobacco use. Authorizes the Secretary to make grants or enter into contracts to assist in such implementation. Authorizes appropriations.

Amends the Federal Cigarette Labeling and Advertising Act to: (1) change the contents of required label warnings; (2) remove certain requirements regarding warning presentation; and (3) remove provisions protecting the confidentiality of information submitted to the Secretary regarding the ingredients added to tobacco.

Amends the Drug-Free Schools and Communities Act of 1986 to add tobacco use prevention, intervention, and education to the types of activities which may be carried out under State programs. Adds references to tobacco use to provisions specifying the uses of funds for local drug abuse education and prevention programs. Allows materials on drug abuse education and prevention to be disseminated under specified provisions of this Act. Adds references to tobacco to provisions relating to drug use and alcohol abuse education and prevention activities directed to students at all educational levels.

Authorizes appropriations to enable the Secretary of Education to make incentive grants to State education agencies to establish smoke free schools, with the grant funds used to disseminate materials to school personnel and students, and to hold conferences and meetings, concerning the health hazards of tobacco uses by students.

Repeals provisions of the Comprehensive Smoking Education Act relating to smoking research, education, and information. Repeals specified provisions of the Comprehensive Smokeless Tobacco Health Education Act of 1986.

Mandates a study of pesticides in tobacco products and their effect on human health.