{"identifier":"/us/usc/t15/s375","title":15,"num":"\u00a7\u202f375.","heading":"Definitions","text":"\u00a7\u202f375.\nDefinitions\nAs used in this chapter, the following definitions apply:\n(1)\nAttorney general\nThe term \u201cattorney general\u201d, with respect to a State, means the attorney general or other chief law enforcement officer of the State.\n(2)\nCigarette\n(A)\nIn general\nThe term \u201ccigarette\u201d\u2014\n(i) has the meaning given that term in\nsection 2341 of title 18\n(ii) includes\u2014\n(I) roll-your-own tobacco (as defined in\nsection 5702 of title 26\n(II) an electronic nicotine delivery system.\n(B)\nException\nThe term \u201ccigarette\u201d does not include a cigar (as defined in\nsection 5702 of title 26\n(3)\nCommon carrier\nThe term \u201ccommon carrier\u201d means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise (regardless of whether the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided) between a port or place and a port or place in the United States.\n(4)\nConsumer\nThe term \u201cconsumer\u201d\u2014\n(A) means any person that purchases cigarettes or smokeless tobacco; and\n(B) does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco.\n(5)\nDelivery sale\nThe term \u201cdelivery sale\u201d means any sale of cigarettes or smokeless tobacco to a consumer if\u2014\n(A) the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or\n(B) the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco.\n(6)\nDelivery seller\nThe term \u201cdelivery seller\u201d means a person who makes a delivery sale.\n(7)\nElectronic nicotine delivery system\nThe term \u201celectronic nicotine delivery system\u201d\u2014\n(A) means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;\n(B) includes\u2014\n(i) an e-cigarette;\n(ii) an e-hookah;\n(iii) an e-cigar;\n(iv) a vape pen;\n(v) an advanced refillable personal vaporizer;\n(vi) an electronic pipe; and\n(vii) any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and\n(C) does not include a product that is\u2014\n(i) approved by the Food and Drug Administration for\u2014\n(I) sale as a tobacco cessation product; or\n(II) any other therapeutic purpose; and\n(ii) marketed and sold solely for a purpose described in clause (i).\n(8)\nIndian country\nThe term \u201cIndian country\u201d\u2014\n(A) has the meaning given that term in\nsection 1151 of title 18\n(B) includes any other land held by the United States in trust or restricted status for one or more Indian tribes.\n(9)\nIndian tribe\nThe term \u201cIndian tribe\u201d, \u201ctribe\u201d, or \u201ctribal\u201d refers to an Indian tribe as defined in\nsection 5304(e) of title 25\nsection 5131 of title 25\n(10)\nInterstate commerce\n(A)\nIn general\nThe term \u201cinterstate commerce\u201d means commerce between a State and any place outside the State, commerce between a State and any Indian country in the State, or commerce between points in the same State but through any place outside the State or through any Indian country.\n(B)\nInto a State, place, or locality\nA sale, shipment, or transfer of cigarettes or smokeless tobacco that is made in interstate commerce, as defined in this paragraph, shall be deemed to have been made into the State, place, or locality in which such cigarettes or smokeless tobacco are delivered.\n(11)\nPerson\nThe term \u201cperson\u201d means an individual, corporation, company, association, firm, partnership, society, State government, local government, Indian tribal government, governmental organization of such a government, or joint stock company.\n(12)\nState\nThe term \u201cState\u201d means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.\n(13)\nSmokeless tobacco\nThe term \u201csmokeless tobacco\u201d means any finely cut, ground, powdered, or leaf tobacco, or other product containing tobacco, that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted.\n(14)\nTobacco tax administrator\nThe term \u201ctobacco tax administrator\u201d means the State, local, or tribal official duly authorized to collect the tobacco tax or administer the tax law of a State, locality, or tribe, respectively.\n(15)\nUse\nThe term \u201cuse\u201d includes the consumption, storage, handling, or disposal of cigarettes or smokeless tobacco.","url":"https://projectusc.org/usc/t15/s375.html","content":[{"t":"sec","id":"/us/usc/t15/s375","children":[{"t":"num","text":"\u00a7\u202f375."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter, the following definitions apply:"},{"t":"para","id":"/us/usc/t15/s375/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Attorney general"},{"t":"content","children":[{"t":"p","text":"The term \u201cattorney general\u201d, with respect to a State, means the attorney general or other chief law enforcement officer of the State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Cigarette"},{"t":"subpara","id":"/us/usc/t15/s375/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201ccigarette\u201d\u2014"},{"t":"clause","id":"/us/usc/t15/s375/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has the meaning given that term in ","children":[{"t":"ref","text":"section 2341 of title 18","href":"/us/usc/t18/s2341","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" includes\u2014"},{"t":"subclause","id":"/us/usc/t15/s375/2/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" roll-your-own tobacco (as defined in ","children":[{"t":"ref","text":"section 5702 of title 26","href":"/us/usc/t26/s5702","tail":"); and"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t15/s375/2/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" an electronic nicotine delivery system.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s375/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"The term \u201ccigarette\u201d does not include a cigar (as defined in ","children":[{"t":"ref","text":"section 5702 of title 26","href":"/us/usc/t26/s5702","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Common carrier"},{"t":"content","children":[{"t":"p","text":"The term \u201ccommon carrier\u201d means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise (regardless of whether the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided) between a port or place and a port or place in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Consumer"},{"t":"chapeau","text":"The term \u201cconsumer\u201d\u2014"},{"t":"subpara","id":"/us/usc/t15/s375/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means any person that purchases cigarettes or smokeless tobacco; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s375/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Delivery sale"},{"t":"chapeau","text":"The term \u201cdelivery sale\u201d means any sale of cigarettes or smokeless tobacco to a consumer if\u2014"},{"t":"subpara","id":"/us/usc/t15/s375/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the consumer submits the order for the sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s375/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the cigarettes or smokeless tobacco are delivered to the buyer by common carrier, private delivery service, or other method of remote delivery, or the seller is not in the physical presence of the buyer when the buyer obtains possession of the cigarettes or smokeless tobacco.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Delivery seller"},{"t":"content","children":[{"t":"p","text":"The term \u201cdelivery seller\u201d means a person who makes a delivery sale.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Electronic nicotine delivery system"},{"t":"chapeau","text":"The term \u201celectronic nicotine delivery system\u201d\u2014"},{"t":"subpara","id":"/us/usc/t15/s375/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s375/7/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" includes\u2014"},{"t":"clause","id":"/us/usc/t15/s375/7/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an e-cigarette;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/7/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" an e-hookah;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/7/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" an e-cigar;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/7/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" a vape pen;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/7/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" an advanced refillable personal vaporizer;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/7/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" an electronic pipe; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/7/B/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s375/7/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" does not include a product that is\u2014"},{"t":"clause","id":"/us/usc/t15/s375/7/C/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" approved by the Food and Drug Administration for\u2014"},{"t":"subclause","id":"/us/usc/t15/s375/7/C/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" sale as a tobacco cessation product; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t15/s375/7/C/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" any other therapeutic purpose; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s375/7/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" marketed and sold solely for a purpose described in clause (i).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Indian country"},{"t":"chapeau","text":"The term \u201cIndian country\u201d\u2014"},{"t":"subpara","id":"/us/usc/t15/s375/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has the meaning given that term in ","children":[{"t":"ref","text":"section 1151 of title 18","href":"/us/usc/t18/s1151","tail":", except that within the State of Alaska that term applies only to the Metlakatla Indian Community, Annette Island Reserve; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s375/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" includes any other land held by the United States in trust or restricted status for one or more Indian tribes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Indian tribe"},{"t":"content","children":[{"t":"p","text":"The term \u201cIndian tribe\u201d, \u201ctribe\u201d, or \u201ctribal\u201d refers to an Indian tribe as defined in ","children":[{"t":"ref","text":"section 5304(e) of title 25","href":"/us/usc/t25/s5304/e","tail":" or as listed pursuant to "},{"t":"ref","text":"section 5131 of title 25","href":"/us/usc/t25/s5131","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Interstate commerce"},{"t":"subpara","id":"/us/usc/t15/s375/10/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cinterstate commerce\u201d means commerce between a State and any place outside the State, commerce between a State and any Indian country in the State, or commerce between points in the same State but through any place outside the State or through any Indian country.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s375/10/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Into a State, place, or locality"},{"t":"content","children":[{"t":"p","text":"A sale, shipment, or transfer of cigarettes or smokeless tobacco that is made in interstate commerce, as defined in this paragraph, shall be deemed to have been made into the State, place, or locality in which such cigarettes or smokeless tobacco are delivered.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d means an individual, corporation, company, association, firm, partnership, society, State government, local government, Indian tribal government, governmental organization of such a government, or joint stock company.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Smokeless tobacco"},{"t":"content","children":[{"t":"p","text":"The term \u201csmokeless tobacco\u201d means any finely cut, ground, powdered, or leaf tobacco, or other product containing tobacco, that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Tobacco tax administrator"},{"t":"content","children":[{"t":"p","text":"The term \u201ctobacco tax administrator\u201d means the State, local, or tribal official duly authorized to collect the tobacco tax or administer the tax law of a State, locality, or tribe, respectively.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s375/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Use"},{"t":"content","children":[{"t":"p","text":"The term \u201cuse\u201d includes the consumption, storage, handling, or disposal of cigarettes or smokeless tobacco.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}