S.1742 - Children Don't Belong on Tobacco Farms Act (119th Congress)
Summary
S.1742, the "Children Don't Belong on Tobacco Farms Act," aims to amend the Fair Labor Standards Act of 1938 to prohibit the employment of individuals under the age of 18 in tobacco-related agriculture. The bill defines such employment as "oppressive child labor." It was introduced in the Senate on May 13, 2025, and referred to the Committee on Health, Education, Labor, and Pensions.
The proposed amendment specifically targets direct contact with tobacco plants or dried tobacco leaves. This seeks to protect children from potential health hazards associated with tobacco farming.
The bill is sponsored by Senators Durbin, Blumenthal, and Reed.
Expected Effects
If enacted, this bill would prevent individuals under 18 from working in direct contact with tobacco plants or dried tobacco leaves. This would likely lead to changes in the agricultural labor force, particularly in regions where child labor is prevalent in tobacco farming.
Tobacco farms may need to adjust their labor practices and potentially hire adult workers to replace the work previously done by minors. The Department of Labor would likely be responsible for enforcing the new regulations.
Potential Benefits
- Improved Health Outcomes: Reduces children's exposure to nicotine and other harmful substances found in tobacco plants.
- Educational Opportunities: Allows children to focus on education rather than labor-intensive farm work.
- Protection from Exploitation: Prevents potential exploitation of child labor in hazardous conditions.
- Alignment with International Labor Standards: Brings the US closer to global norms regarding child labor.
- Long-Term Economic Benefits: A better-educated and healthier workforce contributes to long-term economic growth.
Potential Disadvantages
- Increased Labor Costs: Tobacco farms may face higher labor costs due to the need to hire adult workers.
- Potential Economic Impact on Farming Families: Some families may rely on income from child labor, and this bill could negatively affect their finances.
- Enforcement Challenges: Monitoring and enforcing the ban on child labor in agriculture can be difficult.
- Possible Reduction in Tobacco Production: Increased labor costs could lead to a decrease in tobacco production.
- Potential for Black Market Labor: The ban could inadvertently push child labor into less regulated, underground markets.
Most Disadvantaged Areas:
Constitutional Alignment
The bill aligns with the Commerce Clause (Article I, Section 8) of the US Constitution, which grants Congress the power to regulate interstate commerce. By regulating labor practices in agriculture, particularly those that may affect the health and well-being of children, Congress is arguably acting within its authority to regulate activities that have a substantial effect on interstate commerce.
Furthermore, the bill could be viewed as promoting the general welfare, as stated in the Preamble of the Constitution, by protecting children from hazardous working conditions. However, some might argue that it infringes upon the rights of families to make economic decisions, although these rights are not explicitly protected in the Constitution.
The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. Arguments could arise regarding the extent to which the federal government can regulate agricultural labor, traditionally an area of state concern.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).