(E) any other means used to promote the
identification or purchase of tobacco products.
(2) The term ‘‘brand’’ means a variety of to-
bacco products distinguished by the tobacco used,
tar and nicotine content, flavoring used, size of the
tobacco product, filtration, or packaging.
(3) The term ‘‘cigarette’’ means—
(A) any roll of tobacco wrapped in paper
or in any substance not containing tobacco
which is to be burned,
(B) any roll of tobacco wrapped in any
substance containing tobacco which, because of
its appearance, the type of tobacco used in the
filler, or its packaging and labeling is likely to
be offered to, or purchased by consumers as a
cigarette described in subparagraph (A),
(C) little cigars which are any roll of to-
bacco wrapped in leaf tobacco or any substance
containing tobacco (other than any roll of to-
bacco which is a cigarette within the meaning
of subparagraph (A)) and as to which one thou-
sand units weigh not more than 3 pounds, and
(D) loose rolling tobacco and papers or
tubes used to contain such tobacco.
(4) The term ‘‘constituent’’ means any element
of tobacco or cigarette mainstream or sidestream
smoke, including tar, nicotine, and carbon monoxide.
(5) The term ‘‘distributor’’ does not include a
retailer and the term ‘‘distribute’’ does not include
retail distribution.
(6) The term ‘‘ingredient’’ means any substance
the intended use of which results, or may reasonably
be expected to result, directly or indirectly, in its be-
coming a component or otherwise affecting the char-
acteristics of any tobacco product.
(7) The term ‘‘representation’’ means any
statement, reference, or claim which is (A) expressed
or implied, (B) direct or indirect, or (C) oral, writ-
ten, or printed or in graphic form or in any com-
bination of such forms.
(8) The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(9) The term ‘‘spit tobacco’’ means any finely
cut, ground, powdered, or leaf tobacco that is in-
tended to be placed in the oral cavity.
(10) The term ‘‘tobacco product’’ means—
(A) cigarettes,
(B) little cigars,
(C) cigars as defined in section 5702 of
the Internal Revenue Code of 1954,
(D) pipe tobacco,
(E) loose rolling tobacco and papers used
to contain such tobacco,
(F) products referred to as spit tobacco,
and
(G) any other form of tobacco intended for
human consumption.
(11) The term ‘‘trademark’’ means any word,
name, symbol, logo, or device or any combination
thereof used by a person to identify or distinguish
such person’s goods from those manufactured or
sold by another person and to indicate the source of
the goods.
(12) The term ‘‘United States’’ includes the
States and installations of the Armed Forces of the
United States located outside a State.
(13) The term ‘‘State’’ includes, in addition to
the 50 States, the District of Columbia, Guam, the
Commonwealth of Puerto Rico, the Northern Mari-
ana Islands, the Virgin Islands, American Samoa,
and the Trust Territory of the Pacific Islands.
SEC. 11. EFFECTIVE DATES AND CONFORMING AMEND-
MENTS.
(a) EFFECTIVE DATES.—This Act shall take effect
on the date of the enactment of this Act, except that
(1) sections 4, 5, and 6 shall take effect one
year after the date of the enactment of this Act,
(3) section 7 shall take effect 3 years after the
date of the enactment of this Act.
(b) CONFORMING AMENDMENTS.—Effective one year
from the date of the enactment of this Act, the Federal
Cigarette Labeling and Advertising Act (other than sec-
tions 6, 9, 10, and 11) (15 U.S.C. 1331 et seq.) and the
Comprehensive Smokeless Tobacco Health Education Act
of 1986 (other than sections 1, 2, 3(f), and 8) (15 U.S.C.
4401 et seq.) are repealed.
Æ
HR 3614 IH——2