‘‘(i) by that person, or 
‘‘(ii) by another person controlled by 
that person, 
including civil penalties, money damages, and 
injunctive or other equitable relief. 
‘‘(3) CONSTRUCTION GENERALLY.— 
‘‘(A) IN GENERAL.—Nothing in this sub-
section shall be deemed to abrogate or con-
stitute a waiver of any sovereign immunity of a 
State or local government or an Indian tribe 
against any unconsented lawsuit under this title 
or to otherwise restrict, expand, or modify any 
sovereign immunity of a State or local govern-
ment or an Indian tribe. 
‘‘(B) CONSTRUCTION
WITH
OTHER
RE-
LIEF.—The remedies available under this sub-
section are in addition to any other remedies 
available under Federal, State, local, or other 
law. 
‘‘(4) CONSTRUCTION WITH FORFEITURE PROVI-
SIONS.—Nothing in this subsection shall be con-
strued to require a State to first bring an action 
under paragraph (2) when pursuing relief under 
subsection (b).
‘‘(d) CONSTRUCTION WITH STATE AUTHORITIES.— 
Nothing in this title shall be construed to expand, restrict, 
or otherwise modify the right of an authorized State offi-
cial from proceeding in any State court, or taking other 
enforcement actions, on the basis of alleged violation of 
State or other law.’’. 
(e) INCLUSION OF SMOKELESS TOBACCO.— 
(1) Sections 802 and 803(a) of that Act (other 
than the last sentence of section 802(b)(1), as added 
by subsection (b) of this section) are further amend-
ed by inserting ‘‘or smokeless tobacco products’’ 
after ‘‘cigarettes’’ each place it appears. 
(2) Section 802 of such Act is further amend-
ed— 
(A) in subsection (a)— 
(i) in paragraph (1), by inserting ‘‘or 
section 4 of the Comprehensive Smokeless 
Tobacco Health Education Act of 1986 
(15 U.S.C. 4403), as the case may be’’ 
after ‘‘section 7 of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 
1335a)’’; 
(ii) in paragraph (2), by inserting ‘‘or 
section 3 of the Comprehensive Smokeless 
Tobacco Health Education Act of 1986
(15 U.S.C. 4402), as the case may be,’’ 
after ‘‘section 4 of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 
1333)’’; and 
(iii) in paragraph (3), by inserting ‘‘or 
section 3(d) of the Comprehensive Smoke-
less Tobacco Health Education Act of 
1986 (15 U.S.C. 4402(d)), as the case 
may be,’’ after ‘‘section 4(c) of the Federal 
Cigarette Labeling and Advertising Act 
(15 U.S.C. 1333(c))’’; 
(B) in subsection (b)— 
(i) in the paragraph caption of para-
graph (1), by inserting ‘‘OR SMOKELESS 
TOBACCO’’ after ‘‘CIGARETTES’’; and 
(ii) in the paragraph caption of para-
graphs (2) and (3), by inserting ‘‘OR 
SMOKELESS
TOBACCO’’ 
after 
‘‘CIGA-
RETTES’’; and 
(C) in subsection (c)— 
(i) in the subsection caption, by in-
serting ‘‘OR SMOKELESS TOBACCO’’ after 
‘‘CIGARETTE’’; 
(ii) in paragraph (1), by inserting ‘‘or 
section 4 of the Comprehensive Smokeless
Tobacco Health Education Act of 1986 
(15 U.S.C. 4403), as the case may be’’ 
after ‘‘section 7 of the Federal Cigarette 
Labeling and Advertising Act (15 U.S.C. 
1335a)’’; 
(iii) in paragraph (2)(A), by inserting 
‘‘or section 3 of the Comprehensive Smoke-
less Tobacco Health Education Act of 
1986 (15 U.S.C. 4402), as the case may 
be,’’ after ‘‘section 4 of the Federal Ciga-
rette Labeling and Advertising Act (15 
U.S.C. 1333)’’; and 
(iv) in paragraph (2)(B), by inserting 
‘‘or section 3(d) of the Comprehensive 
Smokeless Tobacco Health Education Act 
of 1986 (15 U.S.C. 4402(d)), as the case 
may be’’ after ‘‘section 4(c) of the Federal 
Cigarette Labeling and Advertising Act 
(15 U.S.C. 1333(c))’’. 
(3) Section 803(b) of that Act, as amended by 
subsection (d)(1) of this section, is further amended 
by inserting ‘‘, or any smokeless tobacco product,’’ 
after ‘‘or tube’’ the first place it appears.
(4)(A) The heading of title VIII of such Act is 
amended by inserting ‘‘AND SMOKELESS TO-
BACCO’’ after ‘‘CIGARETTES’’. 
(B) The heading of section 802 of such Act is 
amended by inserting ‘‘AND
SMOKELESS
TO-
BACCO’’ after ‘‘CIGARETTES’’. 
SEC. 
2. 
APPLICATION 
OF 
CIVIL 
PENALTIES 
TO 
RE-
LANDINGS OF TOBACCO PRODUCTS SOLD IN 
A DELIVERY SALE. 
(a) IN GENERAL.—Section 5761 of the Internal Rev-
enue Code of 1986 (relating to civil penalties) is amended 
by redesignating subsections (d) and (e) as subsections (e) 
and (f), respectively, and inserting after subsection (c) the 
following new subsection: 
‘‘(d) PERSONAL USE QUANTITIES.— 
‘‘(1) IN
GENERAL.—No quantity of tobacco 
products other than the quantity referred to in para-
graph (2) may be relanded or received as a personal 
use quantity. 
‘‘(2) EXCEPTION
FOR
PERSONAL
USE
QUAN-
TITY.—Subsection (c) and section 5754 shall not 
apply to any person who relands or receives tobacco 
products in the quantity allowed entry free of tax 
and duty under chapter 98 of the Harmonized Tariff 
Schedule of the United States, and such person may
voluntarily relinquish to the Secretary at the time of 
entry any excess of such quantity without incurring 
the penalty under subsection (c). 
‘‘(3) SPECIAL RULE FOR DELIVERY SALES.— 
‘‘(A) IN
GENERAL.—Paragraph (2) shall 
not apply to any tobacco product sold in con-
nection with a delivery sale. 
‘‘(B) DELIVERY
SALE.—For purposes of 
subparagraph (A), the term ‘delivery sale’ 
means any sale of a tobacco product to a con-
sumer if— 
‘‘(i) the consumer submits the order 
for such sale by means of a telephone or 
other method of voice transmission, the 
mail, or the Internet or other online serv-
ice, or the seller is otherwise not in the 
physical presence of the buyer when the re-
quest for purchase or order is made, or 
‘‘(ii) the tobacco product is delivered 
by use of a common carrier, private deliv-
ery service, or the mail, or the seller is not 
in the physical presence of the buyer when 
the buyer obtains personal possession of 
the tobacco product.’’. 
(b) CONFORMING AMENDMENTS.—
(1) Subsection (c) of section 5761 of such Code 
is amended by striking the last two sentences. 
(2) Paragraph (1) of section 5754(c) of such 
Code is amended by striking ‘‘section 5761(c)’’ and 
inserting ‘‘section 5761(d)’’. 
Æ