21 U.S.C. § 387 — Definitions

This section defines words used in this subchapter: (1) "Additive" means any substance meant to become part of a tobacco product, or to affect its qualities — including flavorings or colorings, or substances used in making, processing, or packaging it — but this does not include tobacco itself, or a pesticide residue on raw tobacco, or a pesticide chemical. (2) "Brand" means a variety of tobacco product told apart by things like the tobacco used, tar or nicotine level, flavoring, size, filter, packaging, logo, trademark, brand name, color pattern, or any mix of these. (3) "Cigarette" means a tobacco product that meets the definition of "cigarette" in section 1332(1) of title 15. It also includes any tobacco that's functional in the product and that, because of how it looks, the type of tobacco in its filler, or its packaging and labeling, is likely to be sold to or bought by consumers as a cigarette or as roll-your-own tobacco. (4) "Cigarette tobacco" means loose tobacco meant for consumers to use in a cigarette. Unless stated otherwise, the rules for cigarettes in this subchapter also apply to cigarette tobacco. (5) "Commerce" has the same meaning as in section 1332(2) of title 15. (6) "Counterfeit tobacco product" means a tobacco product — or its container or label — that, without permission, carries the trademark, trade name, or other identifying mark of a tobacco product listed in a registration under section 387e(i)(1). (7) "Distributor" means anyone, domestic or foreign, who moves a tobacco product further along — from where it was made to whoever sells or gives it to people for personal use. Common carriers (like shipping companies) don't count as distributors. (8) "Illicit trade" means any illegal activity involving the production, shipping, receiving, possessing, distributing, selling, or buying of tobacco products, including anything meant to help such activity happen. (9) "Indian country" has the meaning given in section 1151 of title 18. (10) "Indian tribe" has the meaning given in section 5304(e) of title 25. (11) "Little cigar" means a tobacco product that meets the definition of "little cigar" in section 1332(7) of title 15. (12) "Nicotine" means the chemical 3-(1-Methyl-2-pyrrolidinyl) pyridine, also written C10H14N2, including any salt or complex form of it. (13) "Package" means a pack, box, carton, or any other container — or, if there's no container, any wrapping like cellophane — that a tobacco product is sold or given out in. (14) "Retailer" means anyone — a person, government, or entity — who sells tobacco products to individuals for their own use, or who runs a place where self-service tobacco displays are allowed. (15) "Roll-your-own tobacco" means tobacco that, because of its look, type, packaging, or labeling, is fit for and likely to be sold to or bought by consumers to make their own cigarettes. (16) "Small tobacco product manufacturer" means a tobacco manufacturer with fewer than 350 employees. When counting employees, this includes employees of any company that controls, is controlled by, or shares common control with the manufacturer. (17) "Smoke constituent" means any chemical in cigarette smoke — whether inhaled or drifting from the burning end — that either comes from a part of the cigarette or forms when tobacco, additives, or other parts of the product burn or heat up. (18) "Smokeless tobacco" means a tobacco product made of cut, ground, powdered, or leaf tobacco meant to be placed in the mouth or nose. (19) "State" and "Territory" have the meanings given in section 321 of this title. (20) "Tobacco product manufacturer" means anyone — including a repacker or relabeler — who makes, assembles, processes, or labels a tobacco product, or who imports a finished tobacco product to sell or distribute in the United States. (21) "Tobacco warehouse" — with the exceptions below — includes anyone who: removes foreign material from tobacco leaf using only a mechanical process; adds moisture to tobacco leaf using only potable water as steam or mist; or de-stems, dries, and packs tobacco leaf for storage and shipping — as long as that person does nothing else to the tobacco leaf, and gives any manufacturer they sell to all the information about these actions needed for that manufacturer to comply with this chapter. This term does NOT include anyone who reconstitutes tobacco leaf, who is a manufacturer, distributor, or retailer of a tobacco product, or who applies any chemical or substance to the leaf besides potable water as steam or mist. The Secretary can also decide, through rulemaking, that this "tobacco warehouse" definition should not apply if regulating those actions is needed to protect public health. (22) "United States" means the 50 states, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Atoll, the Northern Mariana Islands, and any other U.S. trust territory or possession.