Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023

Subjects: Health, Administrative law and regulatory procedures, Department of Health and Human Services, Drug safety, medical device, and laboratory regulation, Drug, alcohol, tobacco use, Food and Drug Administration (FDA), User charges and fees


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1486 Introduced in House (IH)]

&lt;DOC&gt;






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''.
                                 &lt;all&gt;
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