H. R. 6286
IN THE HOUSE OF REPRESENTATIVES
December 14, 2021
Ms. Sherrill (for herself, Mr. Krishnamoorthi, and Mr. Stewart) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Federal Food, Drug, and Cosmetic Act to vest regulatory authority with respect to tobacco products containing nicotine not made or derived from tobacco, and for other purposes.
This Act may be cited as the
Clarifying Authority over Nicotine Act of 2021 .
FDA authority over products containing nicotine
Tobacco product definition
Section 201(rr)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)(1)) is amended—
, or containing nicotine from any source, after
from tobacco; and
by adding at the end the following:
An article that is a food as defined in paragraph (f) shall not be considered a tobacco product if it contains not more than trace amounts of nicotine and such nicotine is naturally occurring..
Section 901(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387a(b)) is amended to reads follows:
This chapter shall apply to all cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco and to any other tobacco products that the Secretary by regulation deems to be subject to this chapter.
Tobacco products containing nicotine not made or derived from tobacco
Beginning 30 days after the date of enactment of the Clarifying Authority over Nicotine Act of 2021, this chapter shall apply to any tobacco product containing nicotine not made or derived from tobacco.
Applicability of existing requirements for tobacco products
Beginning on the date specified in section 901(b) of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), with respect to any regulation promulgated or related guidance documents issued, in whole or in part, under this Act before such date, the term
tobacco product shall have the meaning of, and shall be deemed amended to reflect the meaning of, such term as defined in section 201(rr) of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a). Products that are
tobacco products under such section 201(rr) shall be subject to the requirements of existing regulations for tobacco products. The Secretary shall publish a notice in the Federal Register to update the Code of Federal Regulations to reflect such deemed amendment to existing regulations and guidance documents.