S.Amdt. 3501

SA 3501. Mr. RUBIO (for himself, Mr. Nelson, Mr. Kennedy, Mr. Cotton,
Mr. Inhofe, Mr. Casey, Mrs. Ernst, and Mr. Heller) submitted an
amendment intended to be proposed by him to the bill H.R. 6147, making
appropriations for the Department of the Interior, environment, and
related agencies for the fiscal year ending September 30, 2019, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __.  None of the funds appropriated or otherwise made
available by this Act or any other Act with respect to any
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 each 100 percent
leaf tobacco wrapper individually onto a single machine that
bunches, wraps, and caps each individual cigar on such single
machine and makes no more than 15 cigars per minute; and
(2) is not a cigarette or a little cigar (as such terms are
defined in paragraphs (3) and

[[Page S5304]]

(11), respectively, of section 900 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 387)).
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