S.Amdt. 1263

SA 1263. Mr. BURR submitted an amendment intended to be proposed by him to the bill H.R. 1256, to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes; which was ordered to lie on the table; as follows:

In section 900 of the Federal Food Drug, and Cosmetic Act (as added by section 101), strike paragraph (16) and insert the following:

“(16) Small tobacco product manufacturer.--The term ‘small tobacco product manufacturer' means a tobacco product manufacturer whose share, expressed as a percentage, of the total number of individual cigarettes sold in the United States, the District of Columbia, and Puerto Rico during the calendar year at issue, as measured by excise taxes collected by the Federal Government, and, in the case of cigarettes sold in Puerto Rico, by arbitrios de cigarillos collected by the Puerto Rico taxing authority, is less than 10 percent. For purposes of calculating the share under this paragraph, 0.09 ounces of ‘roll your own' tobacco shall constitute one individual cigarette. With respect to a tobacco product manufacturer that sells tobacco products others than cigarettes and does not also sell cigarettes, the term ‘small tobacco product manufacturer' means a tobacco product manufacturer that employs fewer than 350 employees.”.