Cigar Wars: Full Text of H.R. 1639

The conversation on regulating premium cigars continues, and it is getting a bit ugly. Anti-smoking groups are claiming that H.R. 1639, the bill that would exempt premium cigars from FDA oversight, also exempts tobacco products marketed to kids like Swisher Sweets and other flavored cigars. It might be good to have the full text of the two page bill on hand, which specifically points out that cigars exempted must be “wrapped in tobacco leaf” as opposed to the homogenized tobacco paper found in Swisher Sweets, etc.

Below, find the text of H.R. 1639. You can also find it online.

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HR 1639 IH

112th CONGRESS

1st Session

H. R. 1639

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 HOUSE OF REPRESENTATIVES

April 15, 2011

Mr. POSEY (for himself, Ms. CASTOR of Florida, Mr. COLE, Mr. CALVERT, and Mrs. MILLER of Michigan) introduced the following bill; which was referred to the Committee on Energy and Commerce

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 2011’.

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 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’.