I 
114TH CONGRESS 
2D SESSION 
H. R. 5955 
To amend the Federal Food, Drug, and Cosmetic Act to allow the charitable 
distribution of traditional large and premium cigars to members of the 
Armed Forces, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2016 
Ms. CASTOR of Florida 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 
allow the charitable distribution of traditional large and 
premium cigars to members of the Armed Forces, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restore Charitable 
Contributions of Premium Cigars to the Troops Act of 
2016’’. 
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SEC. 2. CHARITABLE DISTRIBUTION OF TRADITIONAL 
LARGE AND PREMIUM CIGARS TO MEMBERS 
OF THE ARMED FORCES. 
(a) CHARITABLE DISTRIBUTION.—Paragraph (rr) of 
section 301 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 331) is amended to read as follows: 
‘‘(rr)(1) The charitable distribution of tobacco prod-
ucts, other than a charitable distribution of a traditional 
large and premium cigar to— 
‘‘(A) a member of the Armed Forces; or 
‘‘(B) any nonprofit organization the primary 
purpose of which is to provide support for members 
of the Armed Forces or veterans. 
‘‘(2) For purposes of this paragraph, the term ‘tradi-
tional large and premium cigar’— 
‘‘(A) means any roll of tobacco that is wrapped 
in 100 percent leaf tobacco, bunched with 100 per-
cent tobacco filler, contains no filter, tip or non-to-
bacco mouthpiece, weighs at least 6 pounds per 
1,000 count, and— 
‘‘(i) has a 100 percent leaf tobacco binder 
and is hand rolled; 
‘‘(ii) has a 100 percent leaf tobacco binder 
and is made using human hands to lay the leaf 
tobacco wrapper or binder onto only one ma-
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chine that bunches, wraps, and caps each indi-
vidual cigar; or 
‘‘(iii) has a homogenized tobacco leaf bind-
er and is made in the United States using 
human hands to lay the 100 percent leaf to-
bacco wrapper onto only one machine that 
bunches, wraps, and caps each individual cigar; 
and 
‘‘(B) 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) FREE SAMPLES.— 
(1) IN GENERAL.—Section 906 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 387f) is 
amended by adding at the end the following: 
‘‘(g) CHARITABLE DISTRIBUTION TO MEMBERS OF 
THE ARMED FORCES.—The Secretary shall not prohibit 
the charitable distribution of a traditional large and pre-
mium cigar to a member of the Armed Forces or a non-
profit organization the primary purpose of which is to pro-
vide support for members of the Armed Forces or vet-
erans, as described in section 301(rr), on the basis of such 
distribution being treated as a free sample.’’. 
(2) REVISIONS
TO
REGULATIONS.—The Sec-
retary of Health and Human Services shall revise 
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such regulations as may be necessary to implement 
section 906(g) of the Federal Food, Drug, and Cos-
metic Act, as added by paragraph (1), including by 
revising the regulations described in section 102(a) 
of the Family Smoking Prevention and Tobacco 
Control Act (21 U.S.C. 387a–1(a)). 
Æ 
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