Children Don't Belong on Tobacco Farms Act
- Bill Number
- H.R. 3335
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-05-13: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-01-13T09:05:39Z
AI-Generated Summary
Purpose
The "Children Don't Belong on Tobacco Farms Act" (H.R. 3335) aims to protect children from hazardous work in tobacco farming by classifying such employment as "oppressive child labor" under federal law. This would prohibit employers from hiring minors under 18 for jobs involving direct contact with tobacco plants or dried tobacco leaves, building on existing child labor protections to address health risks like nicotine exposure.
Key Provisions
- Amendment to the Fair Labor Standards Act (FLSA): Modifies Section 3(l) of the FLSA (29 U.S.C. 203(l)), which defines "oppressive child labor" as work that is hazardous or detrimental to a child's health and well-being.
- New Prohibition: Adds a clause deeming any employment of individuals under 18 who have direct contact with tobacco plants or dried tobacco leaves as oppressive child labor.
- Adjustment to Exemptions: Updates the FLSA's exemptions for certain agricultural work by explicitly excluding "tobacco-related agriculture" from safe harbors that previously allowed child labor in farming (except for manufacturing and mining).
Significant Changes to Existing Law
- Expansion of Hazardous Occupations: Previously, the FLSA listed specific hazardous jobs for minors (e.g., operating heavy machinery), but did not explicitly include tobacco handling. This bill adds tobacco-related tasks as a new category of prohibited work for those under 18.
- Narrowing Agricultural Exemptions: The FLSA currently exempts some child labor in agriculture from strict rules if it meets certain family or non-hazardous criteria. The bill removes tobacco farming from these exemptions, treating it similarly to more regulated industries like mining.
Potential Impacts
- On Government Agencies: The Department of Labor (DOL) would gain clearer authority to enforce bans on tobacco child labor through inspections, fines, and penalties, potentially increasing workload in tobacco-producing regions.
- On Citizens: Children in farming communities, especially in states like North Carolina and Kentucky, would face restrictions on working in tobacco fields, reducing exposure to health risks such as green tobacco sickness (nicotine poisoning from plant contact). Families relying on child labor for farm income might need alternative employment or support.
- On International Relations: Minimal direct impact, though it could influence U.S. trade discussions on labor standards, as tobacco is a major export crop; it aligns with global efforts (e.g., International Labour Organization conventions) to eliminate child labor in agriculture.
- Broader Economy: Tobacco farmers and related businesses may face labor shortages, higher costs for adult workers, or shifts toward mechanization, potentially affecting rural economies.
Main Stakeholders Affected
- Children and Youth: Primarily minors under 18 in agricultural areas, who are protected from hazardous exposure but may lose income opportunities.
- Tobacco Farmers and Employers: Family farms and agricultural businesses in tobacco-growing regions, who must comply with new hiring restrictions or face legal penalties.
- Families and Communities: Rural households dependent on farm labor, including immigrant or low-income families, who might experience economic strain.
- Advocacy Groups and Workers: Child labor nonprofits (e.g., supporters like the bill's sponsors) and farmworker unions, who stand to benefit from enhanced protections.
- Government Entities: DOL for enforcement; state agriculture departments for implementation.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FLSA enforcement by clarifying "oppressive child labor," potentially leading to more lawsuits or DOL actions against non-compliant employers. It does not create new penalties but applies existing ones (e.g., fines up to $10,000+ per violation).
- Constitutional: Falls under Congress's authority to regulate interstate commerce (Article I, Section 8), as tobacco production involves national markets; unlikely to raise major challenges, though it could be tested if seen as overregulating family farms.
- Political: Introduced by Democratic representatives focused on labor rights, it highlights debates over child welfare versus agricultural traditions. Passage could face opposition from farming lobbies in tobacco states, influencing midterm election dynamics in rural areas; if enacted, it sets a precedent for targeting specific crops in child labor laws.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. DeLauro, Rosa L. [D-CT-3]
Cosponsors (62)
Rep. Chu, Judy [D-CA-28], Rep. Sánchez, Linda T. [D-CA-38], Rep. Takano, Mark [D-CA-39], Rep. Hayes, Jahana [D-CT-5], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Ramirez, Delia C. [D-IL-3], Rep. McGovern, James P. [D-MA-2], Rep. Lynch, Stephen F. [D-MA-8], Rep. Scholten, Hillary J. [D-MI-3], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Nadler, Jerrold [D-NY-12], Rep. Magaziner, Seth [D-RI-2], Rep. Jayapal, Pramila [D-WA-7], Rep. Pocan, Mark [D-WI-2], Rep. Schakowsky, Janice D. [D-IL-9], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Davis, Danny K. [D-IL-7], Rep. Casar, Greg [D-TX-35], Rep. Waters, Maxine [D-CA-43], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Foushee, Valerie P. [D-NC-4], Rep. Thanedar, Shri [D-MI-13], Rep. Moulton, Seth [D-MA-6], Rep. McBath, Lucy [D-GA-6], Rep. Carson, André [D-IN-7], Rep. Tlaib, Rashida [D-MI-12], Rep. McClain Delaney, April [D-MD-6], Rep. Dean, Madeleine [D-PA-4], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Frankel, Lois [D-FL-22], Rep. Huffman, Jared [D-CA-2], Rep. Lieu, Ted [D-CA-36], Rep. Friedman, Laura [D-CA-30], Rep. Adams, Alma S. [D-NC-12], Rep. Garamendi, John [D-CA-8], Rep. Norcross, Donald [D-NJ-1], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Simon, Lateefah [D-CA-12], Rep. Bell, Wesley [D-MO-1], Rep. Dingell, Debbie [D-MI-6], Rep. McIver, LaMonica [D-NJ-10], Rep. Clarke, Yvette D. [D-NY-9], Rep. Mannion, John W. [D-NY-22], Rep. Budzinski, Nikki [D-IL-13], Rep. Doggett, Lloyd [D-TX-37], Rep. Ansari, Yassamin [D-AZ-3] and 12 more
Recent Actions
- 2025-05-13: Referred to the House Committee on Education and Workforce.
- 2025-05-13: Introduced in House
- 2025-05-13: Introduced in House
Bill Versions
- Children Don't Belong on Tobacco Farms Act — issued 2025-05-13 — PDF (2 pages)