I 

115TH CONGRESS 

1ST SESSION H. R. 564 

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 

JANUARY 13, 2017 

Mr. POSEY (for himself, Mr. MURPHY of Pennsylvania, Mr. CALVERT, Mr. 

YODER, Mr. ROGERS of Kentucky, Ms. JENKINS of Kansas, Ms. ROSLEHTINEN, Mr. RUPPERSBERGER, Mr. KNIGHT, Mr. CA ́RDENAS, Mr. 

BILIRAKIS, Mr. DIAZ-BALART, Ms. CASTOR of Florida, Mr. WALKER, Ms. 

FOXX, Mr. HOLDING, Mr. KELLY of Pennsylvania, Mr. COLE, Mr. HARRIS, Mr. ROSS, Mr. SCHRADER, Mr. BARLETTA, Mr. YOHO, Mr. SESSIONS, Mr. PASCRELL, Mrs. BLACKBURN, Mr. HUDSON, Mr. HASTINGS, 

Mr. EMMER, Mr. LAHOOD, Ms. TITUS, Mr. CURBELO of Florida, Mr. 

CLEAVER, Mr. HUNTER, Mr. BISHOP of Georgia, Mr. MAST, Mr. BRAT, 

Mr. PETERSON, Ms. WILSON of Florida, and Mr. DENHAM) 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 2017’’. 

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 paramstockstill on DSK3G9T082PROD with BILLS

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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 or non-tobacco 

7 mouthpiece, weighs at least 6 pounds per 

8 1,000 count, and— 

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

11 ‘‘(II) has a 100 percent leaf to12 bacco binder and is made using 

13 human hands to lay the leaf tobacco 

14 wrapper or binder onto only one ma15 chine that bunches, wraps, and caps 

16 each individual cigar; or 

17 ‘‘(III) has a homogenized tobacco 

18 leaf binder and is made in the United 

19 States using human hands to lay the 

20 100 percent leaf tobacco wrapper onto 

21 only one machine that bunches, 

22 wraps, and caps each individual cigar; 

23 and 

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

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

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1 a little cigar (as such term is defined by 

2 section 900(11)).’’. 

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

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

5 387s(b)) is amended— 

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

7 but excluding traditional large and premium cigars 

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

9 before the period; and 

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

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

Æ 

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