S.Amdt. 1293

SA 1293. Mrs. HAGAN submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd 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:

On page 26, strike lines 7 through 15, and insert the
following:
``(16) Small tobacco product manufacturer.--The term `small
tobacco product manufacturer' means a tobacco product
manufacturer that employs fewer than 350 employees. For
purposes of determining the number of employees of a
manufacturer under the preceding sentence--
``(A) the employees of a manufacturer are deemed to include
the employees of each entity that controls, is controlled by,
or is under common control with such manufacturer; and
``(B) except that in the case of a farmer owned tobacco
grower cooperative that is also tobacco manufacturer, any
employees whose responsibilities and compensation in no way
support, are connected to, or are dependent upon the
manufacture, fabrication, assembly, processing, labeling,
storage or marketing of tobacco products, including
cigarettes, roll-your-own tobacco, cigars, small cigar or
cigarette tubes shall not be deemed employees of the tobacco
product manufacturer.''.
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