FDA Regs affect on Online Retail and B&Ms
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I am currently employed at a B&M where we have house blends (been here since 1939).
We are planning (if nothing takes place) to no longer offer any bulk tobacco. The "manufacturing" language would apply if we were to open a bag of 1Q and pour it into a pouch (even if we kept the name 1Q). The costs of being a manufacturer are too oppressive to have any local shop be able to afford it. Having called and had conversations with around 15 other B&Ms around the country...well it's not looking good.
EX: A stay at home mom makes a PBndJ sandwich for her kiddos. It doesn't matter that every single food product has already passed the necessary testing to be distributed. The moment she opens the package and uses Peanut Butter, Jelly, and bread (also the knife used to change the product) she is a manufacturer and is required to pay to have all these already approved products, re-approved (including the knife). This reg (if it passes as it stands) will not have a huge effect on our larger (actual) manufacturers, but will be death of many small shops...I hope I end up being wrong; but as of now (again if no changes happen to this regulatory move) many of your local B&Ms will be dramatically changed and may even close.
We are planning (if nothing takes place) to no longer offer any bulk tobacco. The "manufacturing" language would apply if we were to open a bag of 1Q and pour it into a pouch (even if we kept the name 1Q). The costs of being a manufacturer are too oppressive to have any local shop be able to afford it. Having called and had conversations with around 15 other B&Ms around the country...well it's not looking good.
EX: A stay at home mom makes a PBndJ sandwich for her kiddos. It doesn't matter that every single food product has already passed the necessary testing to be distributed. The moment she opens the package and uses Peanut Butter, Jelly, and bread (also the knife used to change the product) she is a manufacturer and is required to pay to have all these already approved products, re-approved (including the knife). This reg (if it passes as it stands) will not have a huge effect on our larger (actual) manufacturers, but will be death of many small shops...I hope I end up being wrong; but as of now (again if no changes happen to this regulatory move) many of your local B&Ms will be dramatically changed and may even close.
This makes so little sense it must be true.
Sorry to hear it.
Armed revolution may be easier than acceptance. Just sayin'
Thank you for commenting theediabeticman and man, I am really sorry to hear that. Those restrictions are ridiculous. I imagine it would make no sense to order bulk at all anymore unless someone requests a 5lb / 2lb bag. I'm really hoping something happens to alter this course we're heading towards.
I've been saying this: We're going to have tinned blends only. No new blends after August 2017. Many foreign blends will stop exporting to the U.S., and many Existing blends will vanish. Heck C&D has 265 blends in the Tobaccoreviews database (plus the stuff they mix for everyone else including GL Pease). Do you think they are going to submit 265 products? Plus 2oz and 8oz tins each have to be submitted, along with any blends they sell as bulk - 84 varieties. So you can either believe C&D is submitting 500 applications, or believe there will be less variety available from them soon.
The only hope is that the compliance date is changed from 2007 to 2017. But after August of this year, I don't expect to see a new blend available from anyone in quite some time. A new blend should take 3 years to come to market now.
The only hope is that the compliance date is changed from 2007 to 2017. But after August of this year, I don't expect to see a new blend available from anyone in quite some time. A new blend should take 3 years to come to market now.
Eh, this one hinges upon the ambiguous notion of "equivalency."
One Burley/Virginia blend may be the same as the others, or entirely different, depending on which bureaucrat-bot is in charge.
One Burley/Virginia blend may be the same as the others, or entirely different, depending on which bureaucrat-bot is in charge.
Well, this might sound foolish, but Congress can get involved if it wants to. I mean, the pols in Washington have not yielded all of their authority over to the FDA.
True, the FDA can make its own rules up as it goes along. But, Congress can pull up the reins and tell the boys and girls at FDA to bring themselves in for a hearing or two.
I'm just sayin' if we are loud enough on this, we might get some Congressional help. Even the cigar lovers should be willing to offer a voice or two, since their ox has been gored and will be gored again by the FDA.
My two for what it is worth.
True, the FDA can make its own rules up as it goes along. But, Congress can pull up the reins and tell the boys and girls at FDA to bring themselves in for a hearing or two.
I'm just sayin' if we are loud enough on this, we might get some Congressional help. Even the cigar lovers should be willing to offer a voice or two, since their ox has been gored and will be gored again by the FDA.
My two for what it is worth.
As I stated in one of the other threads, the lawsuits are coming, and from pappymac's earlier post there is already one going forward. Lawsuits like this one and others that will come will tie up the FDA regulations for many years. Just like the RJ Reynold's lawsuit that has tied up the 2009 FDA regulations with cigarette manufacturers pertaining to graphic labels on cigarette packages. During the pending lawsuits tobacco manufacturer's, blenders, and B&Ms will not be subject to the regulations.
At worst? Blends start drying up this August. The sharpest change will take place over the next 36 months as blends are submitted for approval (or not submitted) and initially have up to three years before they'd have to be pulled if not approved. My prediction is that blenders large and small will start phasing out at least a portion of anything introduced since 2007. I'd also expect to see imported tobacco start to disappear as foreign blends won't see the benefit of exporting to the U.S. as their cost of compliance increases.
Also, if they fix the disparity between RYO tobacco and Pipe tobacco, the Federal tax per typical tin would go up an additional $2.70.
Also, if they fix the disparity between RYO tobacco and Pipe tobacco, the Federal tax per typical tin would go up an additional $2.70.
Suits and counter-suits could go on for years and years. With luck. I think shop owners and other retailers should cool their jets and see what happens, for now. Pipe smokers should be tactical in writing to legislators and try to pick legislators and angle subjects in a way to hitch onto their interests. No one outside the community is going to ride to the rescue of pipe smokers, but they might help for other reasons. Some states still grow some tobacco. Some states still have a pipe industry.
Some of the pipe shop people who are bailing out might stay in biz and be long retired before any of this kicks in. Not likely, on the one hand, but entirely possible.
Some of the pipe shop people who are bailing out might stay in biz and be long retired before any of this kicks in. Not likely, on the one hand, but entirely possible.
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