I 

116TH CONGRESS 

1ST SESSION H. R. 1854 

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 25, 2019 

Ms. CASTOR of Florida (for herself, Mr. POSEY, Mr. KELLY of Pennsylvania, 

Mr. LUETKEMEYER, Mr. COURTNEY, Mr. HOLDING, Mr. SCHRADER, Mr. 

CRIST, Mr. CALVERT, Ms. TITUS, Mr. BUDD, Mr. ROONEY of Florida, 

Mr. YOUNG, Mr. BILIRAKIS, Mr. EMMER, Mr. SENSENBRENNER, Mr. 

RESCHENTHALER, Mr. HARRIS, Mr. WOMACK, Mr. MAST, Mr. HUNTER, 

Mr. WILLIAMS, Mr. TURNER, Mrs. MURPHY, Mr. DIAZ-BALART, Mr. 

BABIN, Mr. HUIZENGA, Mr. CA ́RDENAS, Mr. BISHOP of Georgia, Mr. 

MOONEY of West Virginia, and Mr. HAGEDORN) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Traditional Cigar Man3 ufacturing and Small Business Jobs Preservation Act of 

4 2019’’. 

5 SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO 

6 PREMIUM CIGARS. 

7 (a) EXCEPTION FOR TRADITIONAL LARGE AND PRE8 MIUM CIGARS.—Section 901(c) of the Federal Food, 

9 Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amend10 ed— 

11 (1) in paragraph (2), in the heading, by insert12 ing ‘‘FOR CERTAIN TOBACCO LEAF’’ after ‘‘AUTHOR13 ITY’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(3) LIMITATION OF AUTHORITY FOR CERTAIN

16 CIGARS.— 

17 ‘‘(A) IN GENERAL.—The provisions of this 

18 chapter (except for section 907(d)(3)) shall not 

19 apply to traditional large and premium cigars. 

20 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

21 in this chapter shall be construed to grant the 

22 Secretary authority to promulgate regulations 

23 on any matter that involves traditional large 

24 and premium cigars. 

25 ‘‘(C) TRADITIONAL LARGE AND PREMIUM

26 CIGAR DEFINED.—For purposes of this paraVerDate Sep 11 2014 00:25 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1854.IH H1854

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1 graph, the term ‘traditional large and premium 

2 cigar’— 

3 ‘‘(i) means any roll of tobacco that is 

4 wrapped in 100 percent leaf tobacco, 

5 bunched with 100 percent tobacco filler, 

6 contains no filter, tip, flavor additive, or 

7 non-tobacco mouthpiece, weighs at least 6 

8 pounds per 1,000 count, and— 

9 ‘‘(I) has a 100 percent leaf to10 bacco binder and is hand rolled; or 

11 ‘‘(II) has a homogenized tobacco 

12 leaf binder and is made in the United 

13 States using human hands to lay the 

14 100 percent leaf tobacco wrapper onto 

15 only one machine that bunches, 

16 wraps, and caps each individual cigar; 

17 and 

18 ‘‘(ii) does not include a cigarette (as 

19 such term is defined by section 900(3)) or 

20 a little cigar (as such term is defined by 

21 section 900(11)).’’. 

22 (b) CONFORMING AMENDMENTS.—Section 919(b) of 

23 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

24 387s(b)) is amended— 


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1 (1) in paragraph (2)(B)(i)(II), by inserting ‘‘, 

2 but excluding traditional large and premium cigars 

3 (as such term is defined under section 901(c)(3))’’ 

4 before the period; and 

5 (2) in paragraph (5), by inserting ‘‘subject to 

6 section 901(c)(3),’’ before ‘‘if a user fee’’. 

Æ 


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