HR1486-118

1. Short title This Act may be cited as the Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2023.

2. Limitation of authority with respect to 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 authority; and by adding at the end the following: The provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars. 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. For purposes of this paragraph, the term traditional large and premium cigar— means any roll of tobacco that is wrapped in 100-percent leaf tobacco, bunched with 100-percent tobacco filler, contains no filter, tip, flavor additive, or non-tobacco mouthpiece, weighs at least 6 pounds per 1,000 count, and— has a 100-percent leaf tobacco binder and is hand rolled; or 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 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— 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 in paragraph (5), by inserting subject to section 901(c)(3), before if a user fee. (3)Limitation of authority for certain cigars(A)In generalThe provisions of this chapter (except for section 907(d)(3)) shall not apply to traditional large and premium cigars.(B)Rule of constructionNothing 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 definedFor 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, flavor additive, 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; or(II)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))..