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
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.
This Act may be cited as the
Traditional Cigar Manufacturing and
Small Business Jobs Preservation Act of 2011.
Limitation of authority with respect to premium cigars
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—
in paragraph (2),
in the heading, by inserting
for certain tobacco leaf after
by adding at the end the following:
Limitation of authority for certain cigars
The provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars.
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.
Traditional large and premium cigar defined
For purposes of this paragraph, the term traditional large and premium cigar—
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
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)).
Section 919(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387s(b)) is amended—
(2)(B)(II), by inserting
, but excluding traditional large and premium
cigars (as such term is defined under section 901(c)(3)) before the
in paragraph (5),
subject to section 901(c)(3), before