15 U.S.C. § 375 — Definitions
submitted 77 years ago by Pub. L. 111-154 to r/title-15-COMMERCE-AND-TRADE · 830 words · no verdicts yet
This section defines key terms for the chapter's rules on mail-order and online tobacco sales. It covers words like cigarette, delivery sale, common carrier, consumer, and electronic nicotine delivery system. Each definition sets exactly what the term covers and excludes.
This section defines words used throughout this chapter, which deals with mail-order and online sales of cigarettes and smokeless tobacco.
"Attorney general" means a state's attorney general, or whoever else is that state's top law-enforcement officer.
"Cigarette" has the meaning given in 18 U.S.C. § 2341, and this chapter adds two things to that meaning: roll-your-own tobacco (as 26 U.S.C. § 5702 defines it), and any "electronic nicotine delivery system." It does not include a cigar as 26 U.S.C. § 5702 defines that term.
"Common carrier" means any business, other than a local messenger service or the U.S. Postal Service, that offers the public paid transportation of goods by water, land, or air, moving them from one place to another inside the United States — whether or not that business actually runs the ship, truck, or plane itself.
"Consumer" means someone who buys cigarettes or smokeless tobacco. It does not include a manufacturer, distributor, wholesaler, or retailer who is lawfully handling those products.
"Delivery sale" means a sale of cigarettes or smokeless tobacco to a consumer where either of two things is true: the buyer orders by phone, mail, the internet, or another remote method, or the seller simply isn't physically present when the order is placed; or the goods reach the buyer through a common carrier, private delivery service, or other remote method, or the seller isn't physically present when the buyer takes possession.
A "delivery seller" is anyone who makes a delivery sale.
An "electronic nicotine delivery system" is any electronic device that turns a solution into an aerosol and delivers nicotine, flavor, or another substance to someone inhaling from it. This includes e-cigarettes, e-hookahs, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes, plus any component, liquid, part, or accessory of one of these devices — even if sold on its own. It does not include a product the FDA has approved as a tobacco-cessation aid or for another therapeutic purpose, as long as it's marketed and sold only for that approved purpose.
"Indian country" has the meaning given in 18 U.S.C. § 1151, except that in Alaska it means only the Metlakatla Indian Community, Annette Island Reserve. It also includes any other land the United States holds in trust or restricted status for one or more tribes.
"Indian tribe," "tribe," and "tribal" mean a tribe as defined in 25 U.S.C. § 5304(e) or listed under 25 U.S.C. § 5131.
"Interstate commerce" means commerce between a state and someplace outside it, between a state and Indian country inside that state, or between two points in the same state that passes through an outside place or through Indian country. A sale, shipment, or transfer made in interstate commerce counts as having been made into whatever state, place, or locality where the cigarettes or smokeless tobacco actually get delivered.
"Person" means an individual, corporation, company, association, firm, partnership, society, state government, local government, tribal government, a governmental organization of one of those governments, or a joint stock company.
"State" means any of the 50 states, the District of Columbia, Puerto Rico, or any other U.S. territory or possession.
"Smokeless tobacco" means finely cut, ground, powdered, or leaf tobacco, or any other tobacco-containing product, meant to be placed in the mouth or nose or otherwise used without being burned.
"Tobacco tax administrator*" means the state, local, or tribal official in charge of collecting the tobacco tax or running the tax law for that state, locality, or tribe.
"Use" includes consuming, storing, handling, or disposing of cigarettes or smokeless tobacco.
As used in this chapter, the following definitions apply:
The term “attorney general”, with respect to a State, means the attorney general or other chief law enforcement officer of the State.
The term “cigarette”—
has the meaning given that term in section 2341 of title 18; and
includes—
roll-your-own tobacco (as defined in section 5702 of title 26); and
an electronic nicotine delivery system.
The term “cigarette” does not include a cigar (as defined in section 5702 of title 26).
The term “common carrier” 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.
The term “consumer”—
means any person that purchases cigarettes or smokeless tobacco; and
does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco.
The term “delivery sale” means any sale of cigarettes or smokeless tobacco to a consumer if—
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
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.
The term “delivery seller” means a person who makes a delivery sale.
The term “electronic nicotine delivery system”—
means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;
includes—
an e-cigarette;
an e-hookah;
an e-cigar;
a vape pen;
an advanced refillable personal vaporizer;
an electronic pipe; and
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
does not include a product that is—
approved by the Food and Drug Administration* for—
sale as a tobacco cessation product; or
any other therapeutic purpose; and
marketed and sold solely for a purpose described in clause (i).
The term “Indian country”—
has the meaning given that term in section 1151 of title 18, except that within the State of Alaska that term applies only to the Metlakatla Indian Community, Annette Island Reserve; and
includes any other land held by the United States in trust or restricted status for one or more Indian tribes.
The term “Indian tribe”, “tribe”, or “tribal” refers to an Indian tribe as defined in section 5304(e) of title 25 or as listed pursuant to section 5131 of title 25.
The term “interstate commerce” 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.
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.
The term “person” 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.
The term “State” 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.
The term “smokeless tobacco” 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.
The term “tobacco tax administrator” 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.
The term “use” includes the consumption, storage, handling, or disposal of cigarettes or smokeless tobacco.
Source credit: (Oct. 19, 1949, ch. 699, § 1, as added Pub. L. 111–154, § 2(a), Mar. 31, 2010, 124 Stat. 1088; amended Pub. L. 116–260, div. FF, title VI, § 602(a)(1), Dec. 27, 2020, 134 Stat. 3136.)
- 1949Enacted · Pub. L. 111-154 · 124 Stat. 1088
- 2020Amended · Pub. L. 116-260 · 134 Stat. 3136
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-154 on 1949-10-19.
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