FDA / Premium Cigar Legislation - Update 07/19

Started by Cfickter, 07/18/2017 08:22 AM

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Cfickter

Yesterday, July 17th,    Rep. Aderholt, [R-AL-4]  introduced H.R.3268 - Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2018, and for other purposes.  This should be the legislation covering the FDA governance of premium cigars.  No text of the bills content has been posted yet.  Once it is posted I can validate that the is is the bill we need to begin reaching out to our representatives about

Stay tuned Here is a link to follow the progress on popvox.com https://www.popvox.com/us/federal/bills/115/hr3268

I will use this thread to keep everyone informed. 

Guru Master of the Minions

Alcohol, Tobacco, & Firearms should be a convenience store, not a department of our government!

Gunga galunga ... gunga, gunga-lagunga." - Carl Spackler

Education is important, cigars are importanter!

I like long walks, especially when they're taken by people who annoy me





amigodecigars

"There are plenty of good five-cent cigars in the country. The trouble is they cost a quarter. What this country needs is a good five-cent nickel."  Franklin Pierce Adams

Cfickter

So here is the language in the bill addressing the FDA governance over premium cigars.  It basically removes all funding from the FDA for the enforcement

752.  None of the funds made available by this Act or any
other Act in the current fiscal year or any other fiscal year may be
used to implement, administer, or enforce the final rule with the
regulation identifier number 0910-AG38 published by the Food and Drug
Administration in the Federal Register on May 10, 2016 (81 Fed. Reg.
28974) with respect to traditional large and premium cigars. For the
purposes of this section, the term ``traditional large and premium
cigar'' means--
            (1) any roll of tobacco that is wrapped in 100 percent leaf
        tobacco, is bunched with 100 percent tobacco filler, contains
        no filter, tip, or non-tobacco mouthpiece, weighs at least 6
        pounds per 1,000 count, and--
                    (A) has a 100 percent leaf tobacco binder and is
                hand rolled;
                    (B) 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
                    (C) 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
            (2) is not a cigarette or a little cigar (as such terms are
        defined in paragraphs (3) and (11), respectively, of section
        900 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
        387)).
Guru Master of the Minions

Alcohol, Tobacco, & Firearms should be a convenience store, not a department of our government!

Gunga galunga ... gunga, gunga-lagunga." - Carl Spackler

Education is important, cigars are importanter!

I like long walks, especially when they're taken by people who annoy me





Olddog

Looks like things are pointed in the right direction, hopefully it will continue..
"Honest men, with pipes or cigars in their mouths, have great physical advantages in conversation. You may stop talking if you like, but the breaks of silence never seem disagreeable, being filled up by the puffing of smoke." - William Makepeace Thackeray

Vroomp

It's going to be hard to get the FDA to give up the potential $714,000,000 they could have had with Premium Cigars. Plus, this wording excludes a lot of small cigars (that by the way, were grandfathered in already) and wooden tipped cigars that are not going to consider this a fair deal by any means........  I don't see how the remaining brands that will fall under FDA jurisdiction could manage to fund the program......... Then again, the whole idea was a logistical nightmare for them to police~! Just think of the thousands & thousands of shops that sell cigars across the country they would have to check to see if all cigars meet the criteria set forth in the deeming rules. It would be a never ending task for thousands of newly required government employees. There are estimated over 8,000 stores in Georgia alone that sell cigars of one type or another and over 154,000 "convenience stores" nationwide that almost all sell some form of cigars/wraps.........

  And..... if it's any indication the FDA might have given up already,,,, I have not had a response from them for over two months to questions I have on warning labels and such and they usually respond fairly quick.

Guru of Not Following the Rules


Cigar smoking knows no politics. It's about the pursuit of pleasure, taste, and aroma. -Anon

When you are dead, you don't know that you are dead. It is difficult only for the others.
It is the same when you are stupid....



Cfickter

Brad
As defined in the new bill
Little cigar. The term 'little cigar' means a product that  
A.   is a tobacco product; and  
B.   meets the definition of the term 'little cigar' in section 3(7) of the Federal Cigarette Labeling and Advertising Act.

"Little Cigar" is not a direct measure of physical size, it refers to 1,000 cigars being under a predefined weight as outlined in the referenced comment below.

Section 3(7) of the Federal Cigarette Labeling and Advertising Act.
The term "little cigar" means any roll of tobacco wrapped in leaf tobacco or any substance containing tobacco (other than any roll of tobacco which is a cigarette within the meaning of subsection (1)) and as to which one thousand units weigh not more than three pounds

Example
Avg weight of a corona is 7.62 grams X 1000 = 7,620 grams = 16.8 pounds

So I don't think anything most of smoke is affected.  It will more than likely effect tins of cigarette sized cigars
Guru Master of the Minions

Alcohol, Tobacco, & Firearms should be a convenience store, not a department of our government!

Gunga galunga ... gunga, gunga-lagunga." - Carl Spackler

Education is important, cigars are importanter!

I like long walks, especially when they're taken by people who annoy me





Otter

R, Otter
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klamm143

Kevin R. Lamm

It is what it is - and these things too shall pass. It may pass like a kidney stone - but IT WILL PASS.

amigodecigars

I like what Rudy Giuliani said as keynote speaker last week at the IPCPR show and I think that we are beginning to see a light at the end of the tunnel..."President Trump, he said, "has a very clear understanding that not only are businesses like yours, big and small, suffering from regulation, American business is suffering."

Giuliani stressed that change would not be immediate. "The only advice I would have is it will take a little while."

"There are plenty of good five-cent cigars in the country. The trouble is they cost a quarter. What this country needs is a good five-cent nickel."  Franklin Pierce Adams

amigodecigars

 Danny Vazquez has announced he is closing down Baracoa Cigar Company. Vazquez cited the FDA as the main reason.

Barocoa released one product, The Voyage. Vazquez partnered with the La Aurora factory to bring out the cigar.

Vazquez issued the following statement:

It is with a heavy heart that I announce today, that Baracoa Cigar Company will be closing its doors and The Voyage has ended.

Due to the unsure state of the looming FDA regulations. I’ve decided that it is in the best interest for a company my size, to not move forward.

I want to thank everyone in the industry as well as the great brotherhood of cigar smokers for the amazing support and love that I have received over the past year. These memories will last forever with me. I will continue to be part of the cigar community as well as the social media groups that I have made so many new friends with.

Thank you for everything! And remember, NEVER SETTLE

Danny Vazquez

"There are plenty of good five-cent cigars in the country. The trouble is they cost a quarter. What this country needs is a good five-cent nickel."  Franklin Pierce Adams

Brlesq

Never heard of him or his one product.  Anybody else?
Bruce
Chief Enabler 
Guru of Decorum & Sarcasm


Hey! How come Habana is written on here with a Sharpie ?!?

A day without whiskey is like . . . just kidding, I have no idea!


amigodecigars

QuoteBrlesq - 7/19/2017  8:05 PM  Never heard of him or his one product.  Anybody else?

 He was only in business for a year.

"There are plenty of good five-cent cigars in the country. The trouble is they cost a quarter. What this country needs is a good five-cent nickel."  Franklin Pierce Adams

Cfickter

#12

QuoteBrlesq - 7/19/2017  7:05 PM  Never heard of him or his one product.  Anybody else?

 I suspect that has more to do with why he shut down than "pending" FDA regulations

Guru Master of the Minions

Alcohol, Tobacco, & Firearms should be a convenience store, not a department of our government!

Gunga galunga ... gunga, gunga-lagunga." - Carl Spackler

Education is important, cigars are importanter!

I like long walks, especially when they're taken by people who annoy me





jagfandaddy

"Happiness? A good cigar, a good meal, a good cigar and a good woman - or a bad woman; it depends on how much happiness you can handle."
 George Burns

Smokin surfer

Things may be looking up. Thanks for posting the update!

amigodecigars

We will break down Rudy Giuliani’s Keynote Address in detail and talk about the positives and negatives that we think came from that speech.  Plus we will hear Bear’s perspectives on the things that went down at IPCPR.

THIS SHOW AIRS AT A SPECIAL DATE AND TIME: FRIDAY 7/21 9:15 PM EASTERN / 8:15 PM CENTRAL.                                                                                

 https://cigar-coop.com/2017/07/announcement-prime-time-special-edition-7-mon-at-915-eastern-815-central.html

 

"There are plenty of good five-cent cigars in the country. The trouble is they cost a quarter. What this country needs is a good five-cent nickel."  Franklin Pierce Adams

MacMac

Joe aka MacMac to 9 Grandkids


   
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