CigarTailor

Subcommittee Passes FDA Bill

2008-03-13T13:37:16-07:00:00

From a press release: March 13th, 2008

House Health Subcommittee Passes FDA Bill

Late on Tuesday, March 11th, the U.S. House Subcommittee on Health approved by a voice vote H.R. 1108, the bill that would grant the U.S. Food and Drug Administration the authority to regulate cigarettes and smokeless tobacco products. Then, on a roll-call vote of 18-9, the Subcommittee on Health voted to send the FDA bill to the full House Energy and Commerce Committee for consideration. The 18 representatives voting in favor of sending the bill to the House Energy and Commerce included all the Democrats on the subcommittee joined by one Republican member.

Amendments to the FDA Bill

The Republicans on the House Subcommittee on Health planned to submit some thirty amendments to the FDA bill for the Subcommittee on Health to consider, but most amendments were withdrawn or defeated by a voice vote. However, two amendments offered by Republicans were adopted. One significant amendment offered by Republican Nathan Deal of Georgia and approved by the subcommittee requires that any future regulations or expansion of regulations proposed by the FDA must go through a rulemaking process. This means that the FDA would need to publish any new proposed regulations and allow the public to submit comments on the new rules. This rulemaking requirement partially addresses NATO’s concern that the FDA would have had the authority to adopt even more restrictive regulations on cigarettes and smokeless tobacco products and even extend regulations to cigars, little cigars and pipe tobacco without any further public input or action by Congress.

As drafted, the FDA bill assesses user fees on tobacco manufacturers to pay for the agency’s costs incurred to administer the proposed regulations. The second amendment passed by the Subcommittee on Health and authored by Republican Michael Burgess of Texas requires that these user fees be the only source to fund the FDA tobacco regulations and prohibits any other funds from the U.S. Treasury from being used to make up any shortfall in the user fee revenue.

FDA Bill Moves to Full House Energy and Commerce Committee

With H.R. 1108 being passed by the Subcommittee on Health, the bill now moves to the full House Energy and Commerce Committee. While there is no scheduled date for the full committee to take up consideration of the FDA bill, it is expected that the committee may bring the bill up sometime in late March or April.

Last year, the FDA bill was approved by the U.S. Senate Health, Education, Labor and Pensions Committee, but the Senate version of the bill has not been taken up for debate by the full Senate.

Press Release: Vote on FDA Bill Delayed

2008-03-09T15:17:51-07:00:00

Update from the National Association of Tobacco Outlets

Released: March 6th, 2008

Vote on FDA Bill Delayed

Today, the U.S. House Subcommittee on Health met to vote on H.R. 1108, the bill that would grant the U.S. Food and Drug Administration the authority to regulate cigarettes and smokeless tobacco products. As reported by NATO Federal Legislative Director Jackie Cohen, all of the committee members were provided an opportunity to make an opening statement regarding the FDA bill. Each of the Democrats strongly supported the bill while the Republican members reaffirmed their support for reducing youth smoking, but expressed concerns that the bill’s provisions would overburden the FDA which is already facing an internal crisis due to obsolete technology and a lack of key scientific personnel.

Substitutions and Amendments

Representative Frank Pallone, the Chairman of the Subcommittee on Health, offered an amendment to substitute a new draft of the FDA legislation to take the place of the current version being considered. This new version essentially mirrors the changes that were made to the Senate FDA bill as passed by the Senate Health, Education, Labor and Pensions Committee last summer. While a number of amendments were offered by Republican members of the committee, all of these amendments were discussed and then withdrawn due to a lack of votes to pass the amendments.

A User Fee or a Tax?

During the discussion on H.R. 1108, the core issue centered around a provision in Chairman Pallone’s substitute bill that would increase a proposed user fee on cigarette and smokeless tobacco manufacturers over a ten year time period in an amount to be set by the Congressional Budget Office. This user fee is supposed to pay for the costs that the FDA would incur to administer and enforce the tobacco regulations. However, the Republican committee members argued that the user fee was really a tax in an undetermined amount and for that reason the bill would need to be considered by the House Ways and Means Committee.

An Adjournment Without a Vote on H.R. 1108

Chairman Pallone ruled that the user fee was not a tax and proceeded to continue the meeting. This ruling angered the Republican committee members and the meeting degenerated into representatives interrupting one another. Given the acrimonious environment in the meeting, the subcommittee adjourned until next Tuesday, March 11th without taking a vote on H.R. 1108.

Press Release: 2008 Legislative Update

2008-02-25T14:50:31-08:00:00

International Premium Cigar & Pipe Retailers Association (IPCPR) Spring 2008 Legislative Update

With most state legislatures back in session, here is a breakdown, state-by-state, of what is currently happening, being considered, and what may be on the horizon in the coming months. As information and events change, we will provide updates. For a complete list of all state issues, please go to IPCPR's Tobacco Legislation homepage.

Alabama: the State Senate is currently considering Senate Bill (SB) 229-a statewide smoking ban. While it exempts cigar bars, retail tobacco shops, and outdoor areas, it will ban smoking in bars, bars within restaurants, and taverns, thereby severely curtailing locations where your customers may enjoy their favorite tobacco products. At this time it is unclear what will happen with this bill.

California: A cigarette excise tax increase (Assembly Bill 1a (due to a prior voter-approved initiative, the other tobacco products (OTP) excise tax, the tax applied to all tobacco products not classified as cigarettes, including premium, handmade cigars), is coupled and also increases) failed in a state Senate Committee. A key component in the death of this tax increase was an economic impact study, partly funded by the Cigar Association of America. This paper demonstrated and detailed the proposed $1.75 per cigarette pack increase, due to the language of AB1a, would have in fact tripled the OTP excise tax rate, increasing the current rate to 189%.

However, California is not out of the woods yet as a faith-based coalition is working to place an initiative on the November 2008 General Election ballot to increase the cigarette tax by 75-cents (resulting in a corresponding increase in the OTP excise tax rate). The petitioners are reportedly attempting to raise funds for their campaign and collect enough signatures to put the issue before a vote. However, supporters cannot begin collecting signature until the State Attorney General's office reviews the proposed initiative, and officially assigns it a title and summary (both are required to be published on petition sheets). Following the publicly gruesome death of Proposition 86 in the 2006 elections, it is not certain that the supporting group will succeed in collecting enough money to get the tax increase proposal to the ballot. As this issue develops, we will keep you posted.

Assembly Bill (AB) 2088 proposes a tobacco retailer to purchase an annual license for $100 per location. Currently, state retailers pay a one-time fee of $100 for a retail tobacco license. This bill is committee.

Iowa: HB2212 proposes to ban smoking statewide. Despite retail tobacco shops being exempt, this bill will severely restrict where premium tobacco customers may smoke, leading to a potential decline in retail sales, as has been witnessed in several states with similarly enacted prohibitions.

IPCPR has initiated an Action Alert to challenge and ultimately defeat HB2212.

Kansas: two bills are being considered in the legislature: SB542 proposes an increase in the OTP excise tax from 10% to 57%. This bill is not likely to pass, though we will keep an eye on it. A second bill, SB493, proposes to ban public smoking statewide. The Judiciary Committee, following testimony from IPCPR members and other witnesses, approved, by voice vote, to exempt retail tobacco shops and cigar bars-an official vote was expected to take place shortly after the voice vote. Final disposition of this bill is not known at this time. If necessary, the IPCPR will initiate an Action Alert.

Kentucky: House Bill (HB) 443 proposes an increase in the OTP excise tax from the current rate of 7.5% to 10%. The bill is currently in the Revenue and Appropriations Committee.

Maryland: A host of bills have been introduced in Maryland on a variety of issues-SB513 and HB1095, two identical (cross-over) bills currently before their respective committees, seek to increase the state's OTP excise tax from the current rate of 15% to 25% to fund tobacco cessation and prevention programs in the state.

An Action Alert has been initiated to challenge these bills.

SB363 proposes a $20 surcharge on all smoking pipes. As with the 2007 Fall Special Session, the Cigar Association of America (CAA), appears to have secured an exemption in this bill for briar, clay, and meerschaum pipes.

Another "paraphernalia" bill that would require detailed customer information collected at the time of the sale most likely will fail before gaining any ground. HB609, would require cigars to be sold in packages containing a minimum of five cigars exempt retail tobacco shops (as defined per the state's recently enacted statewide smoking prohibition).

Massachusetts: HB2980, a bill that would increase the OTP excise tax from 30% to 45%, is currently in the House Revenue Committee. Following this bill's introduction and assignment to the Revenue Committee, IPCPR retailers in the state collected petition signatures from their customers urging the Committee to oppose that tax increase. These petitions were submitted to Revenue Committee last month. We await further news of the tax increase proposal's disposition.

Mississippi-what's there to say-several bills proposing to ban smoking in the state and increase taxes were introduced and then died in their respective committees. One cigarette tax increase bill (from 18 cents to 68 cents per pack) has thus far survived the legislative process. This demonstrates that even one of the most stalwart, fiscally-reasonable legislatures is not completely safe from anti-tobacco legislation. We will continue monitoring legislation introduced in the capitol.

New Hampshire-Legislation that proposed an increase in the cigarette tax and a reclassification of other tobacco products and a subsequent taxation of cigars, failed in committee. The legislation would have subjected cigars (currently excluded from excise taxes) to a new rate of 60%.

Several bills have been introduced to revise the state's public smoking prohibition, though little is expected of these bills this session.

Oklahoma: SB1875 proposes to strike from the state's smoking ban exemptions for bars, restaurants, and taverns. Retail tobacco shops will continue to be exempt from the state statute.

Pennsylvania: several statewide smoking ban bills sit in their respective committees, seeing little action in recent weeks. We will continue to monitor these bills.

Rhode Island: Several bills have been introduced to revise the state's public smoking prohibition. No disposition on these bills or projected prognostication is available at this time.

Virginia: Several statewide smoking ban proposals failed to pass in the legislature. However, as the session has not yet adjourned, any of these bills may be brought back for consideration by the legislature.

The IPCPR has initiated an Action Alert on this legislative issue.

Washington: Following the approval of a 2006 ballot initiative that bans smoking statewide, including retail tobacco shops, efforts to revise the state statute through the legislature have not gained enough support for success. An upstart coalition of Washington IPCPR members has filed the initial paperwork for a ballot measure. The measure would ask voters to allow smoking in retail tobacco shops and cigar bars. According to a recent independent, media-sponsored poll, an overwhelming majority of Washington voters said they would vote in favor of such an initiative. We will keep you posted on this ambitious plan.

The International Premium Cigar and Pipe Retailers is a not-for-profit trade association organized as the advocate for the independent retail tobacconist and recognized as the "Voice of Authority and Reason" on premium tobacco related issues.

International Premium Cigar & Pipe Retailers Association (IPCPR)
Chris McCalla
Legislative Director

Press Release: House Bill 3750 Introduced

2008-02-25T14:25:39-08:00:00

International Premium Cigar & Pipe Retailers Association (IPCPR) State Legislative Update

House Bill 3750 Introduced Announces

HB3750 Proposes to Make 50-cent Cigar Tax Cap Permanent

February 25, 2008 -
House Bill 3750 has been introduced into your state legislature (the Senate cross-over bill has not yet been formally released). As you are aware, the original 50-cent cigar tax cap was set to expire on June 30 of this year. The Cigar Association of America (CAA), has been working on this issue, and feels confident of the bill's success in making the 50-cent tax cap permanent.

CAA's state lobbyist will be in touch with you regarding committee hearings and other details through the process. If you have any questions, please do not hesitate to contact me directly.

International Premium Cigar & Pipe Retailers Association (IPCPR)
Chris McCalla
Legislative Director

NATO E-News

2008-02-22T22:55:41-08:00:00

An E-News Update of the National Association of Tobacco Outlets

February 19th, 2008

Recent Legislative Actions

The 2008 state and Congressional legislative sessions have begun. Below is a brief summary of current legislative news followed by a summary chart of the various tobacco bills being considered by state legislatures and Congress:

Virginia: On February 14^th, the Virginia House of Delegates defeated several bills that would have prohibited smoking in restaurants and other public places. These bills are now dead for the session.

Wyoming: On February 14^th, the Wyoming House of Representatives defeated a statewide ban on smoking by preventing the bill from being introduced

Proposed Cigarette and Tobacco Tax Increases

State	Current Tax	Proposed Increase	Tax if Legislation Adopted
Alabama	$.425/pack	$.325/pack	$.75/pack
Florida	$.339/pack	$.661/pack	$1.00/pack
Georgia	$.37/pack	$1.00/pack	$1.37/pack
Illinois	$.98/pack	$.90/pack (carryover from 2007 session)	$1.68/pack
Kansas	$.79/pack; OTP: 10%	$.50/pack; 47% OTP	$1.29/pack; OTP: 57%
Kentucky	$.30/pack	$.70/pack	$1.00/pack
Maine	$2.00/pack	$.05/pack	$2.05/pack
Maryland	OTP: 15%	10% OPT	OTP: 25%
Mississippi	$.18/pack	Up to $1.00/pack	Up to $1.18/pack
Nebraska	$.64/pack	$.10/pack	$.74/pack
New Hampshire	OTP: 19%	41% OTP	OTP: 60%
South Carolina	$.07/pack; OTP: 5%	Up to $.50/pack; 1% OTP	Up to $.57/pack; OTP: 6%
Utah	$.695/pack	$.50/pack	$1.195/pack
West Virginia	$.55/pack	$.80/pack	$1.35/pack

Smoking Restrictions: Smoking restriction bills are being considered in numerous states including: Alabama (would not allow smoking in workplaces); Iowa (does not allow smoking in public places, bars and restaurants); Kansas (does not allow smoking in workplaces, restaurants and bars); Missouri (would extend smoking restrictions to bars, restaurants and sports arenas); New Jersey (would amend the state smoking restriction law to extend the smoking prohibition to casinos); and Oklahoma (extends the smoking ban to bars, taverns and cigar bars).

NATO’s Actions: NATO’s legislative staff has begun working on many of these bills and providing alerts, letters and petitions to NATO retail members to oppose these tax increases and smoking restrictions.

FDA Legislation: The U.S. House Subcommittee on Energy and Commerce is scheduled to hold a hearing on March 6^th on the legislation to grant the U.S. Food and Drug Administration the authority to regulate the manufacturer and sale of cigarettes and smokeless tobacco products.

Print | posted @ Friday, February 22, 2008 10:54 PM

Cheap Cigar Fridays

2008-02-15T21:09:37-08:00:00

Like the title? I was inspired to use it in honor of the TobaccoBarn.com's new web page of inexpensive cigars and also for some crazy reason I decided to light up a cheap cigar. Who knows, maybe I will make every Friday, a Cheap Cigar Friday. I started to have flash backs of the times I used to work for big companies that had their Dress Down Friday, Haiwaiin Shirt, Casual Day or some lame name that allowed us to get out of dressing in our white shirts and ties. Anyway...

The cigar I decided to light up is an El Camino Dominicano. I tried finding some information on this cigar but, I was unsuccessful. The cigar had a dark brown, very rough looking wrapper. Not very pleasing to the eye but, what the heck... I lit it up just to try it out. It has been sitting in my humidor for over a year now and it is one of these cigars I will smoke when doing yard work. Let me tell you, I took a couple of puffs and had to put the thing out. I didn't like the taste. So, I threw it out and grabbed the Perdomo Fresco Toro.

Perdomo Fresco Toro
Wrapper: Ecuadorian Connecticut
Binder: Nicaraguan
Filler: Nicaraguan
Made in Nicaragua

Ah, the Perdomo Fresco is a much better inexpensive cigar. The Fresco is a light cigar but, very tasty. The ash doesn't hang on for very long which appears to be a very white flaky ash. This cigar is extremely smoky with thick white smoke swirling in the air around my head. I am actually enjoying this cigar while working and drinking a bottle of some fine H2O. For an inexpensive cigar I recommend the Perdomo Fresco. Skip the other one.

'nuff said

Important Notice from IPCPR: State Hearing on Proposed Smoking Ban

2008-02-08T10:24:08-08:00:00

International Premium Cigar & Pipe Retailers Association (IPCPR) State Legislature Hearing on Proposed Smoking Ban

Senate Judiciary Committee Set To Hear SB493
Hearing Set for February 13

February 8, 2008 - The Kansas State Legislature's Senate Judiciary Committee will hearing Opposing testimony to Senate Bill 493 on Wednesday, February 13, at 930am, in meeting room S-123 (those in favor of this bill will have testified one day earlier).

SB493 proposes to ban all public smoking throughout the state of Kansas. At this time there are no exemptions included in the legislation for retail tobacco shops, cigar bars, or similar businesses.

With that said, this does not mean that these exemptions cannot be included in the bill--SB493 is only the starting foundation of the proposed smoking ban. Working in conjunction with the lobbyists from the Cigar Association of America, and other tobacco-friendly allies, we will work to see SB493 defeated in its entirety. However, we will also work to ensure the critical exemptions for your businesses are included in the legislation.

Call to Action!

For those who are in close proximity to Topeka, or those with a sense of adventure and love of the road, I encourage you to attend this important hearing. Lobbyists from the Cigar Assocation of America are already set to testify and your support and additional testimony will be important.

IMPORTANT! I will need a copy of your testimony no later than Monday 2pm EST. I know this is short notice, but we only found out about the hearing this morning. Your testimony does not need to be complicated--in fact, short and concise is better. Call or email me with any questions. See the link below to assistance in writing your testimony.

The IPCPR at this time will not initiate a Legislative Action Alert. We will wait and see the disposition of SB493 following the hearing. If legislation does pass out of committee with a favorable vote, and is sent to the House floor for a vote, an Action Alert will be initiated and distributed.

Hey Look Here! Links to Important Information!

IPCPR Legislative Action Center--Follow the link and under the Members Only tab, click on Legislative Action Center. Scroll down to "Sample Testimony and Talking Points-Smoking Ban Talking Points." This will help you construct your written testimony.

Kansas Legislature's Committee Help Page--this page will provide you the committee's specific rules and procedures for testimony.

Additional Testimony Information: In order to testify, you must be signed up with the Committee Secretary by 930am Tuesday. Please contact me if you plan to attend the hearing and testify. I will collect all of the names of those wishing to testify and submit them to the secretary's office by the deadline. If you do sign up to testify, and you cannot submit your testimony in person, I must have your written testimony to me by 2pm on Monday, so I may plan to have your testimony copied and submitted. If you are close to the Capital, you must provide 40 copies to the Judiciary Committee Secretary by 430pm Tuesday evening.
About your IPCPR, your Trade Associaton:

The International Premium Cigar & Pipe Retailers Association (IPCPR) is a not-for-profit trade association organized as the advocate for the independent retail tobacconist and recognized as the "Voice of Authority and Reason" on premium tobacco related issues.

International Premium Cigar & Pipe Retailers Association (IPCPR)
Chris McCalla
Legislative Director

Romeo y Julieta Habana Reserve Toro

2008-02-06T19:57:12-08:00:00

First I want to Congratulate the New York Giants for winning the Super Bowl on Sunday. It had to be the best Super Bowl I have seen in a very long time. Way to Go Giants! Maybe next year Patriot Fans; however, I still give New England praise for having an awesome run. We may not see that happen again for another 30+ years but, I have been wrong before.

Romeo y Julieta Habana Reserve Toro
Size: 6" x 56
Wrapper: Nicaragua
Binder: Nicaragua
Filler: Honduras & Nicaragua

Wow! After first light and drag, I could really taste the oils from this cigar. Very Tasty. Chocolate, earthy taste. I would say it is a medium cigar. The ash is flaky, dark gray and seemed to hold on up to an inch in length before falling off. The cigar seems to get a little bit sweeter as I smoke it past the mid-point. I have to say this is my favorite Romeo y Julieta cigar and I highly recommend this cigar, it is that good. I smoked it right down to the nub.

HAPPY SUPERBOWL SUNDAY!

2008-02-03T11:09:24-08:00:00

I LOVE Football. Being born and raised in Central Wisconsin that IS the sport of all sports... Well, next to Deer Hunting, Ice Fishing and Snowmobiling... Anyway, I am both excited and sad at the same time. Excited not because, I am a Giants or even a Patriots Fan but, in my family the Super Bowl has always been treated as a Holiday. I can remember my Dad thinking of what type of snacks, dinner and beverages we will have to enjoy before and during the big game. Plus, today's game, in my humble opinion is very historical. The Pats are undefeated and playing the Giants who could possibly beat them.

Anyway, I got to get ready to go to a Super Bowl Party my Brother-in-Law is having. My Super Bowl Sunday Cigar is The Padron 1964 Anniversary. Let me know what you decided to smoke while enjoying the game.

'nuff said.

Could This Be The Next Banned Item?!

2008-02-03T10:23:45-08:00:00

I don't know about you but, I find this to ridiculous. I found the following article in my email from my Google Alerts this morning. If you don't have Google Alerts or don't know what it is, I highly recommend you check it out and set some up on your favorite topics or interests. It is a great tool to have.

I know this is a possibility in the EU but, who is to say it isn't going to catch on here in the Good Ol' US of A. These Al Gore Global Warming Alarmist and Anti-Smoking Freaks are really starting to get on my nerves. It seems they are constantly trying to find ways to attack our freedoms. Read the following article and let me know your opinion....

Thursday, January 31, 2008

EU threatens to ban patio heaters

What's next? Hand warmers? Zippo lighters?

EU threatens to ban patio heaters - Times Online: " Britain’s growing café culture and taste for alfresco drinking and dining may be under threat from MEPs who want to ban the patio heater.

A vote in Brussels today is expected to call on the European Commission to abolish the heaters to help to tackle climate change. Such a move could cost the pub and catering trade dear. Click Here! for the rest of the story.

'nuff said!