Page:United States Statutes at Large Volume 123.djvu/1805

 123STA T . 1 785PUBLIC LA W 111 – 31 —J U NE 22, 2 0 0 9pointfr o m t he ori g in al pla c eofman u facture to the per s on w ho sells or d istri b utes the product to indi v iduals for personal consumption .C ommon carriers are not considered distributors for purposes of this chapter. ‘ ‘ (8)IL L IC I T T RADE . —T he term ‘illicit trade ’ means an y prac - tice 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. ‘‘( 9 )I N DIAN C OU NTR Y .—The term ‘Indian country’ has the meaning given such term in section 1 1 5 1 of title 18, U nited S tates Code. ‘‘(1 0 ) INDIAN TRI B E.—The term ‘Indian tribe’ has the meaning given such term in section 4 (e) of the Indian Self- D etermination and E ducation A ssistance Act. ‘‘(11) L ITTLE CI G AR.—The term ‘little cigar’ means a product that— ‘‘(A) is a tobacco product and ‘‘( B ) meets the definition of the term ‘little cigar’ in section 3 ( 7 ) of the F ederal Cigarette Labeling and Adver- tising Act. ‘‘(1 2 ) N ICOTINE.—The term ‘nicotine’ means the chemical substance named 3-(1- M ethyl-2-pyrrolidinyl) pyridine or C [ 10 ]H [14]N[2], including any salt or comple x of nicotine. ‘‘(13) P AC K AGE.—The term ‘pac k age’ 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. ‘‘(14) R ETAILER.—The term ‘retailer’ 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. ‘‘(15) ROLL-YOUR-O W N TOBACCO.—The term ‘roll-your-own tobacco’ 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. ‘‘(1 6 )S M ALL TOBACCO P RODUCT MANU F ACTURER.—The term ‘small tobacco product manufacturer’ means a tobacco product manufacturer that employs fewer than 350 employees. For pur- poses of determining the number of employees of a manufac- turer under the preceding sentence, the employees of a manu- facturer are deemed to include the employees of each entity that controls, is controlled by, or is under common control with such manufacturer. ‘‘(17) SMOKE CON S TITUENT.—The term ‘smoke constituent’ means any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any compo- nent 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. ‘‘(18) SMOKELESS TOBACCO.—The term ‘smokeless tobacco’ means any tobacco product that consists of cut, ground, pow- dered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity. ‘‘(19) STATE; TERRITORY.—The terms ‘State’ and ‘Territory’ shall have the meanings given to such terms in section 201.