Title: Clarifying Authority over Nicotine Act of 2021
Policy area: Health

Summary:
Clarifying Authority over Nicotine Act of 2021
This bill expands the statutory authority of the Food and Drug Administration (FDA) to regulate tobacco products by amending the definition of such products.
Currently, the statute defines tobacco products as products intended for human consumption that are made or derived from tobacco. The bill amends the definition to also include products that contain nicotine from any source, excluding foods that only contain trace amounts of naturally occurring nicotine.
Beginning 30 days after this bill's enactment, existing laws, regulations, and related FDA guidance pertaining to tobacco products shall apply to tobacco products as defined under this bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6286 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 6286

 To amend the Federal Food, Drug, and Cosmetic Act to vest regulatory 
authority with respect to tobacco products containing nicotine not made 
            or derived from tobacco, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 2021

    Ms. Sherrill (for herself, Mr. Krishnamoorthi, and Mr. Stewart) 
 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 vest regulatory 
authority with respect to tobacco products containing nicotine not made 
            or derived from tobacco, and for other purposes.

    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 ``Clarifying Authority over Nicotine 
Act of 2021''.

SEC. 2. FDA AUTHORITY OVER PRODUCTS CONTAINING NICOTINE.

    (a) Tobacco Product Definition.--Section 201(rr)(1) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)(1)) is amended--
            (1) by inserting ``, or containing nicotine from any 
        source,'' after ``from tobacco''; and
            (2) by adding at the end the following: ``An article that 
        is a food as defined in paragraph (f) shall not be considered a 
        tobacco product if it contains not more than trace amounts of 
        nicotine and such nicotine is naturally occurring.''.
    (b) Applicability.--Section 901(b) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 387a(b)) is amended to reads follows:
    ``(b) Applicability.--
            ``(1) In general.--This chapter shall apply to all 
        cigarettes, cigarette tobacco, roll-your-own tobacco, and 
        smokeless tobacco and to any other tobacco products that the 
        Secretary by regulation deems to be subject to this chapter.
            ``(2) Tobacco products containing nicotine not made or 
        derived from tobacco.--Beginning 30 days after the date of 
        enactment of the Clarifying Authority over Nicotine Act of 
        2021, this chapter shall apply to any tobacco product 
        containing nicotine not made or derived from tobacco.''.
    (c) Applicability of Existing Requirements for Tobacco Products.--
Beginning on the date specified in section 901(b) of the Federal Food, 
Drug, and Cosmetic Act, as amended by subsection (b), with respect to 
any regulation promulgated or related guidance documents issued, in 
whole or in part, under this Act before such date, the term ``tobacco 
product'' shall have the meaning of, and shall be deemed amended to 
reflect the meaning of, such term as defined in section 201(rr) of the 
Federal Food, Drug, and Cosmetic Act, as amended by subsection (a). 
Products that are ``tobacco products'' under such section 201(rr) shall 
be subject to the requirements of existing regulations for tobacco 
products. The Secretary shall publish a notice in the Federal Register 
to update the Code of Federal Regulations to reflect such deemed 
amendment to existing regulations and guidance documents.
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