‘‘(8) ILLICIT
TRADE.—The term ‘illicit trade’ 
means any practice or conduct prohibited by law 
which relates to production, shipment, receipt, posses-
sion, distribution, sale, or purchase of tobacco prod-
ucts including any practice or conduct intended to fa-
cilitate such activity. 
‘‘(9) INDIAN TRIBE.—The term ‘Indian tribe’ has 
the meaning given such term in section 4(e) of the In-
dian Self-Determination and Education Assistance 
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-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 cellophane), 
in which a tobacco product is offered for sale, sold, or 
otherwise distributed to consumers. 
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‘‘(13) RETAILER.—The term ‘retailer’ means any 
person, government, or entity who sells tobacco prod-
ucts to individuals for personal consumption, or who 
operates a facility where self-service displays of to-
bacco 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 making 
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 
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 ciga-
rette to the smoke or that is formed by the combustion 
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or heating of tobacco, additives, or other component of 
the tobacco product. 
‘‘(17) SMOKELESS TOBACCO.—The term ‘smoke-
less 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 per-
son, 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.— 
‘‘(A) Subject to subparagraphs (B) and (C), 
the term ‘tobacco warehouse’ includes any per-
son— 
‘‘(i) who— 
‘‘(I) removes foreign material 
from tobacco leaf through nothing other 
than a mechanical process; 
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