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S. 772 (113th): Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2013

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The text of the bill below is as of Apr 18, 2013 (Introduced). The bill was not enacted into law.

II

113th CONGRESS

1st Session

S. 772

IN THE SENATE OF THE UNITED STATES

April 18, 2013

(for himself,Mr. Rubio,Ms. Landrieu,Mr. Tester,Mr. Casey, andMr. Vitter) introduced the following bill; which was read twice and referred to theCommittee 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 2013 .

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)

inparagraph (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 forsection 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 theSecretaryauthority 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 termtraditional 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 bysection 900(3)) or a little cigar (as such term is defined bysection 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)

inparagraph (2)(B)(II), by inserting, but excluding traditional large and premium cigars (as such term is defined undersection 901(c)(3))before the period; and

(2)

inparagraph (5), by insertingsubject tosection 901(c)(3),beforeif a user fee.