Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1854 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 MARCH 25, 2019 Ms. CASTOR of Florida (for herself, Mr. POSEY, Mr. KELLY of Pennsylvania, Mr. LUETKEMEYER, Mr. COURTNEY, Mr. HOLDING, Mr. SCHRADER, Mr. CRIST, Mr. CALVERT, Ms. TITUS, Mr. BUDD, Mr. ROONEY of Florida, Mr. YOUNG, Mr. BILIRAKIS, Mr. EMMER, Mr. SENSENBRENNER, Mr. RESCHENTHALER, Mr. HARRIS, Mr. WOMACK, Mr. MAST, Mr. HUNTER, Mr. WILLIAMS, Mr. TURNER, Mrs. MURPHY, Mr. DIAZ-BALART, Mr. BABIN, Mr. HUIZENGA, Mr. CA´RDENAS, Mr. BISHOP of Georgia, Mr. MOONEY of West Virginia, and Mr. HAGEDORN) 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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:25 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1854.IH H1854 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1854 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Traditional Cigar Man- 2 ufacturing and Small Business Jobs Preservation Act of 3 2019’’. 4 SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO 5 PREMIUM CIGARS. 6 (a) EXCEPTION FOR TRADITIONAL LARGE AND PRE- 7 MIUM CIGARS.—Section 901(c) of the Federal Food, 8 Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amend- 9 ed— 10 (1) in paragraph (2), in the heading, by insert- 11 ing ‘‘FOR CERTAIN TOBACCO LEAF’’ after ‘‘AUTHOR- 12 ITY’’; and 13 (2) by adding at the end the following: 14 ‘‘(3) LIMITATION OF AUTHORITY FOR CERTAIN 15 CIGARS.— 16 ‘‘(A) IN GENERAL.—The provisions of this 17 chapter (except for section 907(d)(3)) shall not 18 apply to traditional large and premium cigars. 19 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 20 in this chapter shall be construed to grant the 21 Secretary authority to promulgate regulations 22 on any matter that involves traditional large 23 and premium cigars. 24 ‘‘(C) TRADITIONAL LARGE AND PREMIUM 25 CIGAR DEFINED.—For purposes of this para- 26 VerDate Sep 11 2014 00:25 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1854.IH H1854 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1854 IH graph, the term ‘traditional large and premium 1 cigar’— 2 ‘‘(i) means any roll of tobacco that is 3 wrapped in 100 percent leaf tobacco, 4 bunched with 100 percent tobacco filler, 5 contains no filter, tip, flavor additive, or 6 non-tobacco mouthpiece, weighs at least 6 7 pounds per 1,000 count, and— 8 ‘‘(I) has a 100 percent leaf to- 9 bacco binder and is hand rolled; or 10 ‘‘(II) has a homogenized tobacco 11 leaf binder and is made in the United 12 States using human hands to lay the 13 100 percent leaf tobacco wrapper onto 14 only one machine that bunches, 15 wraps, and caps each individual cigar; 16 and 17 ‘‘(ii) does not include a cigarette (as 18 such term is defined by section 900(3)) or 19 a little cigar (as such term is defined by 20 section 900(11)).’’. 21 (b) CONFORMING AMENDMENTS.—Section 919(b) of 22 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 23 387s(b)) is amended— 24 VerDate Sep 11 2014 00:25 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1854.IH H1854 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1854 IH (1) in paragraph (2)(B)(i)(II), by inserting ‘‘, 1 but excluding traditional large and premium cigars 2 (as such term is defined under section 901(c)(3))’’ 3 before the period; and 4 (2) in paragraph (5), by inserting ‘‘subject to 5 section 901(c)(3),’’ before ‘‘if a user fee’’. 6 Æ VerDate Sep 11 2014 00:25 Apr 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1854.IH H1854 pamtmann on DSKBFK8HB2PROD with BILLS