Page:United States Statutes at Large Volume 120.djvu/254

 PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 223

month to each person (itemized by name and address) other than a retail purchaser.’’; and (4) by adding at the end the following new subsections: ‘‘(d) Any report required to be submitted under this chapter to the Attorney General shall also be submitted to the Secretary of the Treasury and to the attorneys general and the tax administrators of the States from where the shipments, deliveries, or distributions both originated and concluded. ‘‘(e) In this section, the term ‘delivery sale’ means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if— ‘‘(1) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or ‘‘(2) the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco. ‘‘(f) In this section, the term ‘interstate commerce’ means commerce between a State and any place outside the State, or commerce between points in the same State but through any place outside the State.’’. (d) DISPOSAL OR USE OF FORFEITED CIGARETTES AND SMOKELESS TOBACCO.—Section 2344(c) of that title, as amended by this section, is further amended by striking ‘‘seizure and forfeiture,’’ and all that follows and inserting ‘‘seizure and forfeiture. The provisions of chapter 46 of title 18 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. Any cigarettes or smokeless tobacco so seized and forfeited shall be either— ‘‘(1) destroyed and not resold; or ‘‘(2) used for undercover investigative operations for the detection and prosecution of crimes, and then destroyed and not resold.’’. (e) EFFECT ON STATE AND LOCAL LAW.—Section 2345 of that title is amended— (1) in subsection (a), by striking ‘‘a State to enact and enforce’’ and inserting ‘‘a State or local government to enact and enforce its own’’; and (2) in subsection (b), by striking ‘‘of States, through interstate compact or otherwise, to provide for the administration of State’’ and inserting ‘‘of State or local governments, through interstate compact or otherwise, to provide for the administration of State or local’’. (f) ENFORCEMENT.—Section 2346 of that title is amended— (1) by inserting ‘‘(a)’’ before ‘‘The Attorney General’’; and (2) by adding at the end the following new subsection: ‘‘(b)(1) A State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986, may bring an action in the United States district courts to prevent and restrain violations of this chapter by any person (or by any person controlling such person), except that any person who holds a permit under chapter 52 of the Internal

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