New Act Bans Anyone Under 18 From Touching Tobacco Plants, Strengthening Child Labor Laws in Agriculture

The newly introduced Children Don't Belong on Tobacco Farms Act is straightforward: it amends the Fair Labor Standards Act (FLSA) to make sure no one under the age of 18 can have direct contact with tobacco plants or dried tobacco leaves. Essentially, it carves out a specific, high-risk activity in agriculture and says, flat out, that kids cannot do it. This isn't just a suggestion; it’s being written directly into the federal child labor protections (SEC. 2).

Why the Update? Nicotine Is the New Hazard

For decades, agricultural work has had broader exemptions under child labor laws than other industries like manufacturing or mining. This bill tightens that up specifically around tobacco. The driving force here is health. Handling wet tobacco leaves exposes workers to nicotine, which can be absorbed directly through the skin—a condition known as Green Tobacco Sickness. For an adult, that’s bad; for a minor whose body is still developing, the risk is even greater. By prohibiting direct contact for anyone under 18, the bill directly targets this health hazard. It reclassifies tobacco-related agriculture involving direct contact as a restricted occupation for minors, effectively closing a loophole that allowed children to perform work known to cause acute nicotine poisoning.

The Real-World Impact on Farms and Families

For families and farm operators, this means a significant shift in labor practices. If you run a tobacco farm, you can no longer assign tasks like harvesting, curing, or stripping tobacco to workers under 18 if those tasks involve touching the plants or leaves. You’ll need to hire adult workers for those specific jobs, which could raise labor costs for farm owners. Conversely, for a family that relies on the summer income of a 16-year-old working in the fields, that specific, high-paying work is now off-limits. The bill doesn't ban all work for minors on farms, but it restricts the most hazardous tasks, forcing farm owners to rethink how they staff their most intensive operations. The term 'direct contact' is key here, and while it seems clear—physically touching—it might require clarification on the farm floor to ensure compliance, especially regarding proximity versus actual handling.

Closing the FLSA Exemption

The bill achieves this restriction by updating the existing FLSA exemptions. Previously, certain agricultural work was exempt from some child labor rules. This Act explicitly excludes 'tobacco-related agriculture employment'—defined as work involving direct contact with tobacco plants or leaves—from those exemptions (SEC. 2). This change ensures that if a farm assigns a 17-year-old to harvest tobacco, that work is immediately subject to the full weight of federal child labor standards and penalties, whereas before, the rules were much looser in agriculture. Ultimately, the goal is to protect the health of young workers by making sure their summer jobs don't involve a steady dose of nicotine absorption.