I 
117TH CONGRESS 
1ST SESSION H. R. 3982 
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 
JUNE 17, 2021 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Traditional Cigar Man-
ufacturing and Small Business Jobs Preservation Act of 
2021’’. 
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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-
graph, the term ‘traditional large and premium 
cigar’— 
‘‘(i) means any roll of tobacco that is 
wrapped in 100-percent leaf tobacco, 
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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 to-
bacco 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 
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(2) in paragraph (5), by inserting ‘‘subject to 
section 901(c)(3),’’ before ‘‘if a user fee’’. 
Æ 
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