U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 21Chapter 9Subchapter IX
§ 387.
Definitions
In this subchapter:
(1)
Additive
(2)
Brand
(3)
Cigarette
The term “cigarette”—
(A)
means a product that—
(i)
is a tobacco product; and
(ii)
meets the definition of the term “cigarette” in section 1332(1) of title 15; and
(B)
includes tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette or as roll-your-own tobacco.
(4)
Cigarette tobacco
(5)
Commerce
(6)
Counterfeit tobacco product
(7)
Distributor
(8)
Illicit trade
(9)
Indian country
(10)
Indian tribe
(11)
Little cigar
The term “little cigar” means a product that—
(A)
is a tobacco product; and
(B)
meets the definition of the term “little cigar” in section 1332(7) of title 15.
(12)
Nicotine
(13)
Package
(14)
Retailer
(15)
Roll-your-own tobacco
(16)
Small tobacco product manufacturer
(17)
Smoke constituent
(18)
Smokeless tobacco
(19)
State; Territory
(20)
Tobacco product manufacturer
The term “tobacco product manufacturer” means any person, including any repacker or relabeler, who—
(A)
manufactures, fabricates, assembles, processes, or labels a tobacco product; or
(B)
imports a finished tobacco product for sale or distribution in the United States.
(21)
Tobacco warehouse
(A)
Subject to subparagraphs (B) and (C), the term “tobacco warehouse” includes any person—
(i)
who—
(I)
removes foreign material from tobacco leaf through nothing other than a mechanical process;
(II)
humidifies tobacco leaf with nothing other than potable water in the form of steam or mist; or
(III)
de-stems, dries, and packs tobacco leaf for storage and shipment;
(ii)
who performs no other actions with respect to tobacco leaf; and
(iii)
who provides to any manufacturer to whom the person sells tobacco all information related to the person’s actions described in clause (i) that is necessary for compliance with this chapter.
(B)
The term “tobacco warehouse” excludes any person who—
(i)
reconstitutes tobacco leaf;
(ii)
is a manufacturer, distributor, or retailer of a tobacco product; or
(iii)
applies any chemical, additive, or substance to the tobacco leaf other than potable water in the form of steam or mist.
(C)
The definition of the term “tobacco warehouse” in subparagraph (A) shall not apply to the extent to which the Secretary determines, through rulemaking, that regulation under this subchapter of the actions described in such subparagraph is appropriate for the protection of the public health.
(22)
United States
(June 25, 1938, ch. 675, § 900, as added Pub. L. 111–31, div. A, title I, § 101(b)(3), June 22, 2009, 123 Stat. 1784.)
cite as: 21 USC 387
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