S. 3922

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3922 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 3922

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 SENATE OF THE UNITED STATES

February 25, 2026

Mrs. Moody (for herself and Mr. Scott of Florida) introduced the 
following bill; which was read twice and referred to the Committee 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.

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 2026''.

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 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 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)(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
(2) in paragraph (5), by inserting ``subject to section 
901(c)(3),'' before ``if a user fee''.
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