II 112th CONGRESS 1st Session S. 1461 IN THE SENATE OF THE UNITED STATES August 1, 2011 Mr. Nelson of Florida (for himself and Mr. Rubio) introduced the following bill; which was read twice and referred 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.

1.

Short title

This Act may be cited as the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2011.

2.

Limitation of authority with respect to premium cigars

(a)

Exception for traditional large and premium cigars

Section 901(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(c)) is amended— (1)in paragraph (2), in the heading, by inserting for certain tobacco leaf after authority; 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 paragraph, the term traditional large and premium cigar— (i)means any roll of tobacco that is wrapped solely in leaf tobacco, contains no filter, and weighs at least 6 pounds per 1,000 count; 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)(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.