PolicyBrief
S. 1742
119th CongressMay 13th 2025
Children Don't Belong on Tobacco Farms Act
IN COMMITTEE

This act prohibits minors under 18 from having direct contact with tobacco plants or dried tobacco leaves while working in tobacco agriculture.

Richard Durbin
D

Richard Durbin

Senator

IL

LEGISLATION

New Act Bans Anyone Under 18 From Touching Tobacco Plants on the Job

The aptly named Children Don’t Belong on Tobacco Farms Act is a straightforward bill designed to tighten up child labor rules under the Fair Labor Standards Act (FLSA), specifically targeting agricultural work involving tobacco. The core provision is simple: If you are under 18, you generally cannot be employed in an occupation that requires direct contact with tobacco plants or dried tobacco leaves.

This isn't just about general farm safety; it addresses a specific health hazard. Tobacco plants contain nicotine, which can be absorbed through the skin, especially when handling wet leaves. This exposure can lead to what’s known as Green Tobacco Sickness (GTS), causing symptoms like nausea, vomiting, and dizziness. By amending the FLSA, this bill overrides previous general exceptions that allowed minors to work in certain agricultural settings, ensuring that the health risks associated with nicotine exposure are taken seriously for workers under 18.

The Health and Safety Overhaul

For most people, this change won’t affect their daily grind, but for families and farm operators in tobacco-growing regions, this is a significant shift. The bill’s strength lies in its clarity: it creates a hard line at age 18 for any job involving direct contact with the plant itself. This means tasks like harvesting, curing, or stripping leaves are now off-limits to minors. For a 16-year-old high school student who traditionally earns money during the summer picking tobacco, that specific job is now prohibited.

This provision directly targets the health risks. We’re talking about protecting teenagers from occupational exposure to a highly addictive substance and potent neurotoxin. It’s a clear win for public health advocates and parents concerned about minors working in hazardous conditions. It essentially classifies handling tobacco as a hazardous occupation for minors, similar to how the Department of Labor restricts youth from operating heavy machinery or working in deep mines.

The Real-World Impact on Farm Operations

While the health benefits are clear, there are practical challenges for the affected industry. Tobacco farm operators who rely on younger workers for certain labor-intensive tasks—especially during peak harvest times—will need to adjust their labor pool immediately. This bill forces them to replace those under-18 workers with adults or find different ways to manage the workload, which could increase labor costs or strain existing adult crews. For families where older children contribute significantly to the household income through seasonal farm work, this change means finding alternative employment for those minors.

However, the bill is narrowly focused on direct contact with the tobacco itself. Minors might still be employed on the farm for other general agricultural tasks—like driving tractors, maintaining equipment, or working with non-tobacco crops—provided those tasks do not involve touching the tobacco plants or leaves. The key will be how regulators define and enforce "direct contact" to ensure the spirit of the law, which is protecting children from nicotine exposure, is upheld without unnecessarily restricting non-hazardous farm work.