What This Bill Does
This bill amends the Federal Food, Drug, and Cosmetic Act to clarify that the Food and Drug Administration (FDA) cannot regulate traditional large and premium cigars. The bill aims to protect jobs and small businesses that sell, manufacture and distribute these cigars.
Who It Affects
Businesses that manufacture, sell or distribute traditional large and premium cigars. The Food and Drug Administration (FDA), which regulates tobacco products. Small businesses involved in the cigar industry.
Key Provisions
• Traditional large and premium cigars are exempt from most FDA regulations under the Federal Food, Drug, and Cosmetic Act, except for one specific rule (Sec. 2(a))
• A traditional large and premium cigar must be wrapped in 100-percent leaf tobacco, filled with 100-percent tobacco filler, contain no filter or tip, and weigh at least 6 pounds per 1,000 count (Sec. 2(a))
• The cigar must be either hand-rolled with a 100-percent leaf tobacco binder, made using human hands on one machine with a 100-percent leaf tobacco binder, or made in the United States using human hands with a homogenized tobacco leaf binder on one machine (Sec. 2(a))
• The FDA cannot create regulations that apply to traditional large and premium cigars (Sec. 2(a))
What Changes
If this becomes law, traditional large and premium cigars would no longer be subject to FDA tobacco regulations, while cigarettes and little cigars remain regulated.
Important Definitions
• Traditional large and premium cigar: a roll of tobacco wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, with no filter or tip, weighing at least 6 pounds per 1,000 count, and made by specific hand-rolling or machine methods described in the bill
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 107
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 SENATE OF THE UNITED STATES
JANUARY 26, 2023
Mr. RUBIO (for himself, Mr. BOOZMAN, Mr. SCOTT of Florida, Mr. BUDD, and
Mr. COTTON) introduced the following bill; which was read twice and re-
ferred to the Committee on Health, Education, Labor, and Pensions
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
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Traditional Cigar Man-
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ufacturing and Small Business Jobs Preservation Act of
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2023’’.
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•S 107 IS
SEC. 2. LIMITATION OF AUTHORITY WITH RESPECT TO
1
PREMIUM CIGARS.
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(a) EXCEPTION FOR TRADITIONAL LARGE AND PRE-
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MIUM CIGARS.—Section 901(c) of the Federal Food,
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Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amend-
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ed—
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(1) in paragraph (2), in the heading, by insert-
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ing ‘‘FOR CERTAIN TOBACCO LEAF’’ after ‘‘AUTHOR-
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ITY’’; and
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(2) by adding at the end the following:
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‘‘(3) LIMITATION OF AUTHORITY FOR CERTAIN
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CIGARS.—
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‘‘(A) IN GENERAL.—The provisions of this
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chapter (except for section 907(d)(3)) shall not
14
apply to traditional large and premium cigars.
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‘‘(B) RULE OF CONSTRUCTION.—Nothing
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in this chapter shall be construed to grant the
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Secretary authority to promulgate regulations
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on any matter that involves traditional large
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and premium cigars.
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‘‘(C) TRADITIONAL LARGE AND PREMIUM
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CIGAR DEFINED.—For purposes of this para-
22
graph, the term ‘traditional large and premium
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cigar’—
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‘‘(i) means any roll of tobacco that is
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wrapped in 100-percent leaf tobacco,
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•S 107 IS
bunched with 100-percent tobacco filler,
1
contains no filter, tip, or non-tobacco
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mouthpiece, weighs at least 6 pounds per
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1,000 count, and—
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‘‘(I) has a 100-percent leaf to-
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bacco binder and is hand rolled;
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‘‘(II) has a 100-percent leaf to-
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bacco binder and is made using
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human hands to lay the leaf tobacco
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wrapper or binder onto only one ma-
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chine that bunches, wraps, and caps
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each individual cigar; or
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‘‘(III) has a homogenized tobacco
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leaf binder and is made in the United
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States using human hands to lay the
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100-percent leaf tobacco wrapper onto
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only
one
machine
that
bunches,
17
wraps, and caps each individual cigar;
18
and
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‘‘(ii) does not include a cigarette (as
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such term is defined by section 900(3)) or
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a little cigar (as such term is defined by
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section 900(11)).’’.
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•S 107 IS
(b) CONFORMING AMENDMENTS.—Section 919(b) of
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the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
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387s(b)) is amended—
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(1) in paragraph (2)(B)(i)(II), by inserting ‘‘,
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but excluding traditional large and premium cigars
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(as such term is defined under section 901(c)(3))’’
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before the period; and
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(2) in paragraph (5), by inserting ‘‘subject to
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section 901(c)(3),’’ before ‘‘if a user fee’’.
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Æ
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