Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to exempt traditional large and premium cigars from regulation by the Food and Drug Administration (FDA) and from user fees assessed on tobacco products by the FDA.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 772 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 772
To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food
and Drug Administration's jurisdiction over certain tobacco products,
and to protect jobs and small businesses involved in the sale,
manufacturing and distribution of traditional and premium cigars.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2013
Mr. Nelson (for himself, Mr. Rubio, Ms. Landrieu, Mr. Tester, Mr.
Casey, and Mr. Vitter) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to clarify the Food
and Drug Administration's jurisdiction over certain tobacco products,
and to protect jobs and small businesses involved in the sale,
manufacturing and distribution of traditional and premium cigars.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traditional Cigar Manufacturing and
Small Business Jobs Preservation Act of 2013''.
SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO PREMIUM CIGARS.
(a) Exception for Traditional Large and Premium Cigars.--Section
901(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(c))
is amended--
(1) in paragraph (2), in the heading, by inserting ``for
certain tobacco leaf'' after ``authority''; and
(2) by adding at the end the following:
``(3) Limitation of authority for certain cigars.--
``(A) In general.--The provisions of this chapter
(except for section 907(d)(3)) shall not apply to
traditional large and premium cigars.
``(B) Rule of construction.--Nothing in this
chapter shall be construed to grant the Secretary
authority to promulgate regulations on any matter that
involves traditional large and premium cigars.
``(C) Traditional large and premium cigar
defined.--For purposes of this paragraph, the term
`traditional large and premium cigar'--
``(i) means any roll of tobacco that is
wrapped in 100 percent leaf tobacco, bunched
with 100 percent tobacco filler, contains no
filter, tip or non-tobacco mouthpiece, weighs
at least 6 pounds per 1,000 count, and--
``(I) has a 100 percent leaf
tobacco binder and is hand rolled;
``(II) has a 100 percent leaf
tobacco binder and is made using human
hands to lay the leaf tobacco wrapper
or binder onto only one machine that
bunches, wraps, and caps each
individual cigar; or
``(III) has a homogenized tobacco
leaf binder and is made in the United
States using human hands to lay the 100
percent leaf tobacco wrapper onto only
one machine that bunches, wraps, and
caps each individual cigar; and
``(ii) does not include a cigarette (as
such term is defined by section 900(3)) or a
little cigar (as such term is defined by
section 900(11)).''.
(b) Conforming Amendments.--Section 919(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended--
(1) in paragraph (2)(B)(II), by inserting ``, but excluding
traditional large and premium cigars (as such term is defined
under section 901(c)(3))'' before the period; and
(2) in paragraph (5), by inserting ``subject to section
901(c)(3),'' before ``if a user fee''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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