[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5955 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5955

    To amend the Federal Food, Drug, and Cosmetic Act to allow the 
  charitable distribution of traditional large and premium cigars to 
          members of the Armed Forces, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2016

Ms. Castor of Florida 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 allow the 
  charitable distribution of traditional large and premium cigars to 
          members of the Armed Forces, and for other purposes.

    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 ``Restore Charitable Contributions of 
Premium Cigars to the Troops Act of 2016''.

SEC. 2. CHARITABLE DISTRIBUTION OF TRADITIONAL LARGE AND PREMIUM CIGARS 
              TO MEMBERS OF THE ARMED FORCES.

    (a) Charitable Distribution.--Paragraph (rr) of section 301 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended to read 
as follows:
    ``(rr)(1) The charitable distribution of tobacco products, other 
than a charitable distribution of a traditional large and premium cigar 
to--
            ``(A) a member of the Armed Forces; or
            ``(B) any nonprofit organization the primary purpose of 
        which is to provide support for members of the Armed Forces or 
        veterans.
    ``(2) For purposes of this paragraph, the term `traditional large 
and premium cigar'--
            ``(A) 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
            ``(B) 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) Free Samples.--
            (1) In general.--Section 906 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 387f) is amended by adding at the end 
        the following:
    ``(g) Charitable Distribution to Members of the Armed Forces.--The 
Secretary shall not prohibit the charitable distribution of a 
traditional large and premium cigar to a member of the Armed Forces or 
a nonprofit organization the primary purpose of which is to provide 
support for members of the Armed Forces or veterans, as described in 
section 301(rr), on the basis of such distribution being treated as a 
free sample.''.
            (2) Revisions to regulations.--The Secretary of Health and 
        Human Services shall revise such regulations as may be 
        necessary to implement section 906(g) of the Federal Food, 
        Drug, and Cosmetic Act, as added by paragraph (1), including by 
        revising the regulations described in section 102(a) of the 
        Family Smoking Prevention and Tobacco Control Act (21 U.S.C. 
        387a-1(a)).
                                 <all>