[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 438

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

 Mr. Rubio (for himself, Mr. Cotton, Ms. Ernst, Mr. Scott of Florida, 
  Mr. Barrasso, Mr. Inhofe, Mr. Graham, Mr. Boozman, and Mr. Kennedy) 
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.

    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 ``Traditional Cigar Manufacturing and 
Small Business Jobs Preservation Act of 2021''.

SEC. 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 in 100-percent leaf tobacco, bunched 
                        with 100-percent tobacco filler, contains no 
                        filter, tip or non-tobacco mouthpiece, weighs 
                        at least 6 pounds per 1,000 count, and--
                                    ``(I) has a 100-percent leaf 
                                tobacco binder and is hand rolled;
                                    ``(II) has a 100-percent leaf 
                                tobacco binder and is made using human 
                                hands to lay the leaf tobacco wrapper 
                                or binder onto only one machine that 
                                bunches, wraps, and caps each 
                                individual cigar; or
                                    ``(III) 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
            (2) in paragraph (5), by inserting ``subject to section 
        901(c)(3),'' before ``if a user fee''.
                                 <all>