```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1461 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1461

 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

                             August 1, 2011

   Mr. Nelson of Florida (for himself and Mr. Rubio) 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 2011''.

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 solely in leaf tobacco, contains no 
                        filter, and weighs at least 6 pounds per 1,000 
                        count; 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>
```