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Provision In Spending Bill Would Halt FDA Cigar Regulation

Apr 12, 2016 | By Andrew Nagy
Provision In Spending Bill Would Halt FDA Cigar Regulation

The appropriations subcommittee that oversees the Food and Drug istration's budget is conducting a markup meeting later today to finalize its fiscal year 2017 budget, and the spending bill contains language that protects cigars from FDA regulation.

The provision in the spending bill states that "None of the funds made available in this Act may be used to finalize, implement, ister, or enforce the [Deeming Rule introduced in April 2014 that subjects cigars to FDA regulation] if such rule would apply to traditional large and cigars." What this means is the bill would deny the FDA any funding for its proposed cigar regulation program.

Congressman Robert Aderholt (R-AL), who is the chairman of the U.S. House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug istration and Related Agencies, added the rider to the bill. The language is ed by cigarmakers and tobacconists as well as cigar lobbying groups Cigar Rights of America and the International Cigar & Pipe Retailers association.

"The inclusion of this language to protect cigars is a testament to the coalition the industry has built in Congress over the last several years... ," said Rocky Patel, owner of Rocky Patel Cigars and vice chairman of the CRA board of directors. "As we may be on the eve of the issuance of regulations, this action by the subcommittee is wonderful news."

While it's expected that the Appropriations Subcommittee on Agriculture will the bill as is, many steps must be taken before it becomes official. After the bill is ed, it will be reported to the larger House Committee on Appropriations, which will draft a final appropriations bill. This final version will then be sent to the House of Representatives for a floor vote. The same steps must also be taken on the Senate side of the chamber, and then the president still has an opportunity to veto any provisions, including these pertaining to cigars.

If the rider does manage to survive the entire appropriations process, then it means cigars will only be protected from FDA regulation until September 30, 2017, the day the fiscal year ends.

"We commend the leadership of Chairman Aderholt on this issue, as he is working to protect thousands of domestic and tens of thousands of international jobs associated with the cigar industry," said Glynn Loope, executive director of the CRA."

The appropriations subcommittee markup meeting is slated to begin at 4 p.m.

Update: The Appropriations Subcommittee on Agriculture meeting has ended, and the spending bill was ed as written with the language that protects cigars from FDA regulation included in it.

FDA

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