; and (B) by adding at the end the following: (5) Minimum age of sale It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age, consistent with section 1140.14 of title 21, Code of Federal Regulations (or any successor regulations). . (2) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall update regulations issued under chapter IX of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387 et seq.) as appropriate to carry out the amendments made by paragraph (1). (c) Non-Preemption Nothing in the amendments made by subsection (a) or (b) shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco products to individuals below a minimum age, provided that such State or local law is in addition to, or more stringent than, Federal law.