HR 1108 RFS 
furthers the distribution of a tobacco product, 
whether domestic or imported, at any point from the 
original place of manufacture to the person who sells 
or distributes the product to individuals for personal 
consumption. Common carriers are not considered 
distributors for purposes of this chapter. 
‘‘(8) ILLICIT TRADE.—The term ‘illicit trade’ 
means any practice or conduct prohibited by law 
which relates to production, shipment, receipt, pos-
session, distribution, sale, or purchase of tobacco 
products including any practice or conduct intended 
to facilitate such activity. 
‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act. 
‘‘(10) LITTLE CIGAR.—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 Federal Cigarette 
Labeling and Advertising Act. 
‘‘(11) NICOTINE.—The term ‘nicotine’ means 
the 
chemical 
substance 
named 
3-(1-Methyl-2- 
VerDate Aug 31 2005 
03:52 Aug 02, 2008
Jkt 069002
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1108.RFS
H1108
erowe on PRODPC61 with BILLS
HR 1108 RFS 
pyrrolidinyl) pyridine or C[10]H[14]N[2], including 
any salt or complex of nicotine. 
‘‘(12) PACKAGE.—The term ‘package’ means a 
pack, box, carton, or container of any kind or, if no 
other container, any wrapping (including cello-
phane), in which a tobacco product is offered for 
sale, sold, or otherwise distributed to consumers. 
‘‘(13) RETAILER.—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. 
‘‘(14) ROLL-YOUR-OWN
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 mak-
ing cigarettes. 
‘‘(15) SMALL
TOBACCO
PRODUCT
MANUFAC-
TURER.—The term ‘small tobacco product manufac-
turer’ means a tobacco product manufacturer that 
employs fewer than 350 employees. For purposes of 
determining the number of employees of a manufac-
turer under the preceding sentence, the employees of 
a manufacturer are deemed to include the employees 
VerDate Aug 31 2005 
03:52 Aug 02, 2008
Jkt 069002
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1108.RFS
H1108
erowe on PRODPC61 with BILLS
HR 1108 RFS 
of each entity that controls, is controlled by, or is 
under common control with such manufacturer. 
‘‘(16) SMOKE CONSTITUENT.—The term ‘smoke 
constituent’ means any chemical or chemical com-
pound in mainstream or sidestream tobacco smoke 
that either transfers from any component of the cig-
arette to the smoke or that is formed by the combus-
tion or heating of tobacco, additives, or other compo-
nent of the tobacco product. 
‘‘(17) 
SMOKELESS
TOBACCO.—The 
term 
‘smokeless tobacco’ means any tobacco product that 
consists of cut, ground, powdered, or leaf tobacco 
and that is intended to be placed in the oral or nasal 
cavity. 
‘‘(18) STATE; TERRITORY.—The terms ‘State’ 
and ‘Territory’ shall have the meanings given to 
such terms in section 201. 
‘‘(19) TOBACCO
PRODUCT
MANUFACTURER.— 
The term ‘tobacco product manufacturer’ means any 
person, including any repacker or relabeler, who— 
‘‘(A) manufactures, fabricates, assembles, 
processes, or labels a tobacco product; or 
‘‘(B) imports a finished tobacco product 
for sale or distribution in the United States. 
‘‘(20) TOBACCO WAREHOUSE.— 
VerDate Aug 31 2005 
03:52 Aug 02, 2008
Jkt 069002
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1108.RFS
H1108
erowe on PRODPC61 with BILLS
HR 1108 RFS 
‘‘(A) Subject to subparagraphs (B) and 
(C), the term ‘tobacco warehouse’ includes any 
person— 
‘‘(i) who— 
‘‘(I) removes foreign material 
from tobacco leaf through nothing 
other than a mechanical process; 
‘‘(II) humidifies tobacco leaf with 
nothing other than potable water in 
the form of steam or mist; or 
‘‘(III) de-stems, dries, and packs 
tobacco leaf for storage and shipment; 
‘‘(ii) who performs no other actions 
with respect to tobacco leaf; and 
‘‘(iii) who provides to any manufac-
turer to whom the person sells tobacco all 
information related to the person’s actions 
described in clause (i) that is necessary for 
compliance with this Act. 
‘‘(B) The term ‘tobacco warehouse’ ex-
cludes any person who— 
‘‘(i) reconstitutes tobacco leaf; 
‘‘(ii) is a manufacturer, distributor, or 
retailer of a tobacco product; or 
VerDate Aug 31 2005 
03:52 Aug 02, 2008
Jkt 069002
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1108.RFS
H1108
erowe on PRODPC61 with BILLS