Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023
This bill exempts traditional large and premium cigars from Food and Drug Administration (FDA) regulation and FDA-assessed user fees.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1486 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1486
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 HOUSE OF REPRESENTATIVES
March 9, 2023
Ms. Castor of Florida (for herself and Mr. Posey) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
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 2023''.
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, flavor additive, 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; or
``(II) 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)(i)(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 House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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