Page:United States Statutes at Large Volume 124.djvu/1115

 124 STAT. 1089 PUBLIC LAW 111–154—MAR. 31, 2010 ‘‘(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.—The term ‘delivery seller’ means a person who makes a delivery sale. ‘‘(7) INDIAN COUNTRY.—The term ‘Indian country’— ‘‘(A) has the meaning given that term in section 1151 of title 18, United States Code, 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. ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’, ‘tribe’, or ‘tribal’ refers to an Indian tribe as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)) or as listed pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a–1). ‘‘(9) INTERSTATE COMMERCE.— ‘‘(A) IN GENERAL.—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. ‘‘(B) INTO A STATE, PLACE, OR LOCALITY.—A sale, ship- ment, or transfer of cigarettes or smokeless tobacco that is made in interstate commerce, as defined in this para- graph, shall be deemed to have been made into the State, place, or locality in which such cigarettes or smokeless tobacco are delivered. ‘‘(10) PERSON.—The term ‘person’ means an individual, cor- poration, company, association, firm, partnership, society, State government, local government, Indian tribal government, governmental organization of such a government, or joint stock company. ‘‘(11) STATE.—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. ‘‘(12) SMOKELESS TOBACCO.—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. ‘‘(13) TOBACCO TAX ADMINISTRATOR.—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.