Definitions

As used in this chapter, the following definitions apply: The term “attorney general”, with respect to a State, means the attorney general or other chief law enforcement officer of the State. The term “cigarette”— includes— The term “cigarette” does not include a cigar (as defined in section 5702 of title 26). The term “common carrier” means any person (other than a local messenger service or the United States Postal Service) that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise (regardless of whether the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided) between a port or place and a port or place in the United States. The term “consumer”— The term “delivery sale” means any sale of cigarettes or smokeless tobacco to a consumer if— The term “delivery seller” means a person who makes a delivery sale. The term “electronic nicotine delivery system”— includes— does not include a product that is— approved by the Food and Drug Administration for— The term “Indian country”— The term “Indian tribe”, “tribe”, or “tribal” refers to an Indian tribe as defined in section 5304(e) of title 25 or as listed pursuant to section 5131 of title 25. 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. A sale, shipment, or transfer of cigarettes or smokeless tobacco that is made in interstate commerce, as defined in this paragraph, shall be deemed to have been made into the State, place, or locality in which such cigarettes or smokeless tobacco are delivered. The term “person” means an individual, corporation, company, association, firm, partnership, society, State government, local government, Indian tribal government, governmental organization of such a government, or joint stock company. 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. 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. 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. The term “use” includes the consumption, storage, handling, or disposal of cigarettes or smokeless tobacco.