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, manufac-
turing 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. ROS- 
LEHTINEN, 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. HAR-
RIS, Mr. ROSS, Mr. SCHRADER, Mr. BARLETTA, Mr. YOHO, Mr. SES-
SIONS, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Traditional Cigar Man-
ufacturing and Small Business Jobs Preservation Act of 
2017’’. 
SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO 
PREMIUM CIGARS. 
(a) EXCEPTION FOR TRADITIONAL LARGE AND PRE-
MIUM CIGARS.—Section 901(c) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amend-
ed— 
(1) in paragraph (2), in the heading, by insert-
ing ‘‘FOR CERTAIN TOBACCO LEAF’’ after ‘‘AUTHOR-
ITY’’; 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 para-
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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’’. 
Æ 
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