15 USC 375 - Definitions

U.S Code last checked for updates: May 17, 2024

§ 375.

Definitions

As used in this chapter, the following definitions apply:

(1)

Attorney general

(2)

Cigarette

(A)

In general

The term “cigarette”—

(i)

has the meaning given that term in section 2341 of title 18; and

(ii)

includes—

(I)

roll-your-own tobacco (as defined in section 5702 of title 26); and

(II)

an electronic nicotine delivery system.

(B)

Exception

(3)

Common carrier

(4)

Consumer

The term “consumer”—

(A)

means any person that purchases cigarettes or smokeless tobacco; and

(B)

does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco.

(5)

Delivery sale

The term “delivery sale” means any sale of cigarettes or smokeless tobacco to a consumer if—

(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

(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.

(6)

Delivery seller

(7)

Electronic nicotine delivery system

The term “electronic nicotine delivery system”—

(A)

means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;

(B)

includes—

(i)

an e-cigarette;

(ii)

an e-hookah;

(iii)

an e-cigar;

(iv)

a vape pen;

(v)

an advanced refillable personal vaporizer;

(vi)

an electronic pipe; and

(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

(C)

does not include a product that is—

(i)

approved by the Food and Drug Administration for—

(I)

sale as a tobacco cessation product; or

(II)

any other therapeutic purpose; and

(ii)

marketed and sold solely for a purpose described in clause (i).

(8)

Indian country

The term “Indian country”—

(A)

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

(B)

includes any other land held by the United States in trust or restricted status for one or more Indian tribes.

(9)

Indian tribe

(10)

Interstate commerce

(A)

In general

(B)

Into a State, place, or locality

(11)

Person

(12)

State

(13)

Smokeless tobacco

(14)

Tobacco tax administrator

(15)

Use

(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.)

cite as: 15 USC 375