{"identifier":"/us/usc/t21/s387","title":21,"num":"\u00a7\u202f387.","heading":"Definitions","text":"\u00a7\u202f387.\nDefinitions\nIn this subchapter:\n(1)\nAdditive\nThe term \u201cadditive\u201d means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristic of any tobacco product (including any substances intended for use as a flavoring or coloring or in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding), except that such term does not include tobacco or a pesticide chemical residue in or on raw tobacco or a pesticide chemical.\n(2)\nBrand\nThe term \u201cbrand\u201d means a variety of tobacco product distinguished by the tobacco used, tar content, nicotine content, flavoring used, size, filtration, packaging, logo, registered trademark, brand name, identifiable pattern of colors, or any combination of such attributes.\n(3)\nCigarette\nThe term \u201ccigarette\u201d\u2014\n(A) means a product that\u2014\n(i) is a tobacco product; and\n(ii) meets the definition of the term \u201ccigarette\u201d in\nsection 1332(1) of title 15\n(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.\n(4)\nCigarette tobacco\nThe term \u201ccigarette tobacco\u201d means any product that consists of loose tobacco that is intended for use by consumers in a cigarette. Unless otherwise stated, the requirements applicable to cigarettes under this subchapter shall also apply to cigarette tobacco.\n(5)\nCommerce\nThe term \u201ccommerce\u201d has the meaning given that term by\nsection 1332(2) of title 15\n(6)\nCounterfeit tobacco product\nThe term \u201ccounterfeit tobacco product\u201d means a tobacco product (or the container or labeling of such a product) that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a tobacco product listed in a registration under\nsection 387e(i)(1) of this title\n(7)\nDistributor\nThe term \u201cdistributor\u201d as regards a tobacco product means any person who furthers the distribution of a tobacco product, whether domestic or imported, at any point from the original place of manufacture to the person who sells or distributes the product to individuals for personal consumption. Common carriers are not considered distributors for purposes of this subchapter.\n(8)\nIllicit trade\nThe term \u201cillicit trade\u201d means any practice or conduct prohibited by law which relates to production, shipment, receipt, possession, distribution, sale, or purchase of tobacco products including any practice or conduct intended to facilitate such activity.\n(9)\nIndian country\nThe term \u201cIndian country\u201d has the meaning given such term in\nsection 1151 of title 18\n(10)\nIndian tribe\nThe term \u201cIndian tribe\u201d has the meaning given such term in\nsection 5304(e) of title 25\n(11)\nLittle cigar\nThe term \u201clittle cigar\u201d means a product that\u2014\n(A) is a tobacco product; and\n(B) meets the definition of the term \u201clittle cigar\u201d in\nsection 1332(7) of title 15\n(12)\nNicotine\nThe term \u201cnicotine\u201d means the chemical substance named 3-(1-Methyl-2-pyrrolidinyl) pyridine or C[10]H[14]N[2], including any salt or complex of nicotine.\n(13)\nPackage\nThe term \u201cpackage\u201d means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane), in which a tobacco product is offered for sale, sold, or otherwise distributed to consumers.\n(14)\nRetailer\nThe term \u201cretailer\u201d means any person, government, or entity who sells tobacco products to individuals for personal consumption, or who operates a facility where self-service displays of tobacco products are permitted.\n(15)\nRoll-your-own tobacco\nThe term \u201croll-your-own tobacco\u201d means any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.\n(16)\nSmall tobacco product manufacturer\nThe term \u201csmall tobacco product manufacturer\u201d means a tobacco product manufacturer that employs fewer than 350 employees. For purposes of determining the number of employees of a manufacturer under the preceding sentence, the employees of a manufacturer are deemed to include the employees of each entity that controls, is controlled by, or is under common control with such manufacturer.\n(17)\nSmoke constituent\nThe term \u201csmoke constituent\u201d means any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the cigarette to the smoke or that is formed by the combustion or heating of tobacco, additives, or other component of the tobacco product.\n(18)\nSmokeless tobacco\nThe term \u201csmokeless tobacco\u201d means any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity.\n(19)\nState; Territory\nThe terms \u201cState\u201d and \u201cTerritory\u201d shall have the meanings given to such terms in\nsection 321 of this title\n(20)\nTobacco product manufacturer\nThe term \u201ctobacco product manufacturer\u201d means any person, including any repacker or relabeler, who\u2014\n(A) manufactures, fabricates, assembles, processes, or labels a tobacco product; or\n(B) imports a finished tobacco product for sale or distribution in the United States.\n(21)\nTobacco warehouse\n(A) Subject to subparagraphs (B) and (C), the term \u201ctobacco warehouse\u201d includes any person\u2014\n(i) who\u2014\n(I) removes foreign material from tobacco leaf through nothing other than a mechanical process;\n(II) humidifies tobacco leaf with nothing other than potable water in the form of steam or mist; or\n(III) de-stems, dries, and packs tobacco leaf for storage and shipment;\n(ii) who performs no other actions with respect to tobacco leaf; and\n(iii) who provides to any manufacturer to whom the person sells tobacco all information related to the person\u2019s actions described in clause (i) that is necessary for compliance with this chapter.\n(B) The term \u201ctobacco warehouse\u201d excludes any person who\u2014\n(i) reconstitutes tobacco leaf;\n(ii) is a manufacturer, distributor, or retailer of a tobacco product; or\n(iii) applies any chemical, additive, or substance to the tobacco leaf other than potable water in the form of steam or mist.\n(C) The definition of the term \u201ctobacco warehouse\u201d 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.\n(22)\nUnited States\nThe term \u201cUnited States\u201d means the 50 States of the United States of America and the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Atoll, the Northern Mariana Islands, and any other trust territory or possession of the United States.","url":"https://projectusc.org/usc/t21/s387.html","content":[{"t":"sec","id":"/us/usc/t21/s387","children":[{"t":"num","text":"\u00a7\u202f387."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter:"},{"t":"para","id":"/us/usc/t21/s387/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Additive"},{"t":"content","children":[{"t":"p","text":"The term \u201cadditive\u201d means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristic of any tobacco product (including any substances intended for use as a flavoring or coloring or in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding), except that such term does not include tobacco or a pesticide chemical residue in or on raw tobacco or a pesticide chemical.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Brand"},{"t":"content","children":[{"t":"p","text":"The term \u201cbrand\u201d means a variety of tobacco product distinguished by the tobacco used, tar content, nicotine content, flavoring used, size, filtration, packaging, logo, registered trademark, brand name, identifiable pattern of colors, or any combination of such attributes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Cigarette"},{"t":"chapeau","text":"The term \u201ccigarette\u201d\u2014"},{"t":"subpara","id":"/us/usc/t21/s387/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" means a product that\u2014"},{"t":"clause","id":"/us/usc/t21/s387/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is a tobacco product; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s387/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" meets the definition of the term \u201ccigarette\u201d in ","children":[{"t":"ref","text":"section 1332(1) of title 15","href":"/us/usc/t15/s1332/1","tail":"; and"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s387/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Cigarette tobacco"},{"t":"content","children":[{"t":"p","text":"The term \u201ccigarette tobacco\u201d means any product that consists of loose tobacco that is intended for use by consumers in a cigarette. Unless otherwise stated, the requirements applicable to cigarettes under this subchapter shall also apply to cigarette tobacco.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Commerce"},{"t":"content","children":[{"t":"p","text":"The term \u201ccommerce\u201d has the meaning given that term by ","children":[{"t":"ref","text":"section 1332(2) of title 15","href":"/us/usc/t15/s1332/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Counterfeit tobacco product"},{"t":"content","children":[{"t":"p","text":"The term \u201ccounterfeit tobacco product\u201d means a tobacco product (or the container or labeling of such a product) that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a tobacco product listed in a registration under ","children":[{"t":"ref","text":"section 387e(i)(1) of this title","href":"/us/usc/t21/s387e/i/1","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Distributor"},{"t":"content","children":[{"t":"p","text":"The term \u201cdistributor\u201d as regards a tobacco product means any person who furthers the distribution of a tobacco product, whether domestic or imported, at any point from the original place of manufacture to the person who sells or distributes the product to individuals for personal consumption. Common carriers are not considered distributors for purposes of this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Illicit trade"},{"t":"content","children":[{"t":"p","text":"The term \u201cillicit trade\u201d means any practice or conduct prohibited by law which relates to production, shipment, receipt, possession, distribution, sale, or purchase of tobacco products including any practice or conduct intended to facilitate such activity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Indian country"},{"t":"content","children":[{"t":"p","text":"The term \u201cIndian country\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 1151 of title 18","href":"/us/usc/t18/s1151","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Indian tribe"},{"t":"content","children":[{"t":"p","text":"The term \u201cIndian tribe\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 5304(e) of title 25","href":"/us/usc/t25/s5304/e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Little cigar"},{"t":"chapeau","text":"The term \u201clittle cigar\u201d means a product that\u2014"},{"t":"subpara","id":"/us/usc/t21/s387/11/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is a tobacco product; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s387/11/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" meets the definition of the term \u201clittle cigar\u201d in ","children":[{"t":"ref","text":"section 1332(7) of title 15","href":"/us/usc/t15/s1332/7","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Nicotine"},{"t":"content","children":[{"t":"p","text":"The term \u201cnicotine\u201d means the chemical substance named 3-(1-Methyl-2-pyrrolidinyl) pyridine or C[10]H[14]N[2], including any salt or complex of nicotine.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Package"},{"t":"content","children":[{"t":"p","text":"The term \u201cpackage\u201d means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane), in which a tobacco product is offered for sale, sold, or otherwise distributed to consumers.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Retailer"},{"t":"content","children":[{"t":"p","text":"The term \u201cretailer\u201d means any person, government, or entity who sells tobacco products to individuals for personal consumption, or who operates a facility where self-service displays of tobacco products are permitted.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Roll-your-own tobacco"},{"t":"content","children":[{"t":"p","text":"The term \u201croll-your-own tobacco\u201d means any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Small tobacco product manufacturer"},{"t":"content","children":[{"t":"p","text":"The term \u201csmall tobacco product manufacturer\u201d means a tobacco product manufacturer that employs fewer than 350 employees. For purposes of determining the number of employees of a manufacturer under the preceding sentence, the employees of a manufacturer are deemed to include the employees of each entity that controls, is controlled by, or is under common control with such manufacturer.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Smoke constituent"},{"t":"content","children":[{"t":"p","text":"The term \u201csmoke constituent\u201d means any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the cigarette to the smoke or that is formed by the combustion or heating of tobacco, additives, or other component of the tobacco product.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/18","children":[{"t":"num","text":"(18)"},{"t":"heading","text":"Smokeless tobacco"},{"t":"content","children":[{"t":"p","text":"The term \u201csmokeless tobacco\u201d means any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/19","children":[{"t":"num","text":"(19)"},{"t":"heading","text":"State; Territory"},{"t":"content","children":[{"t":"p","text":"The terms \u201cState\u201d and \u201cTerritory\u201d shall have the meanings given to such terms in ","children":[{"t":"ref","text":"section 321 of this title","href":"/us/usc/t21/s321","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/20","children":[{"t":"num","text":"(20)"},{"t":"heading","text":"Tobacco product manufacturer"},{"t":"chapeau","text":"The term \u201ctobacco product manufacturer\u201d means any person, including any repacker or relabeler, who\u2014"},{"t":"subpara","id":"/us/usc/t21/s387/20/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" manufactures, fabricates, assembles, processes, or labels a tobacco product; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s387/20/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" imports a finished tobacco product for sale or distribution in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/21","children":[{"t":"num","text":"(21)"},{"t":"heading","text":"Tobacco warehouse"},{"t":"subpara","id":"/us/usc/t21/s387/21/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" Subject to subparagraphs (B) and (C), the term \u201ctobacco warehouse\u201d includes any person\u2014"},{"t":"clause","id":"/us/usc/t21/s387/21/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" who\u2014"},{"t":"subclause","id":"/us/usc/t21/s387/21/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" removes foreign material from tobacco leaf through nothing other than a mechanical process;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t21/s387/21/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" humidifies tobacco leaf with nothing other than potable water in the form of steam or mist; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t21/s387/21/A/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" de-stems, dries, and packs tobacco leaf for storage and shipment;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s387/21/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" who performs no other actions with respect to tobacco leaf; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s387/21/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" who provides to any manufacturer to whom the person sells tobacco all information related to the person\u2019s actions described in clause (i) that is necessary for compliance with this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s387/21/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" The term \u201ctobacco warehouse\u201d excludes any person who\u2014"},{"t":"clause","id":"/us/usc/t21/s387/21/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" reconstitutes tobacco leaf;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s387/21/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is a manufacturer, distributor, or retailer of a tobacco product; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t21/s387/21/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" applies any chemical, additive, or substance to the tobacco leaf other than potable water in the form of steam or mist.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t21/s387/21/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" The definition of the term \u201ctobacco warehouse\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t21/s387/22","children":[{"t":"num","text":"(22)"},{"t":"heading","text":"United States"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d means the 50 States of the United States of America and the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Atoll, the Northern Mariana Islands, and any other trust territory or possession of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}