123STA T . 1 786PUBLIC LA W 111 – 31 —J U NE 22 , 2 0 0 9‘ ‘ (20)TOBAC CO PR O DU C TM A N U F ACTUR E R .— T het e rm ‘t obac co p ro du ct ma n u f acturer ’ mean s an y person ,i nc l udin g any repac k er or relabeler, w ho— ‘‘( A ) manufactures, fabricates, assembles, processes, or labels a tobacco product
or ‘‘( B ) imports a finished tobacco product for sale or distribution in the U nited S tates. ‘‘(2 1 ) TOBACCO W ARE H OU S E.— ‘‘(A) Sub j ect to subparagraphs (B) and ( C ), the term ‘tobacco warehouse’ includes any person— ‘‘(i) who— ‘‘( I ) remo v es 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 manufacturer 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’ e x cludes any person who— ‘‘(i) reconstitutes tobacco leaf; ‘‘(ii) is a manufacturer, distributor, or retailer of a tobacco product; or ‘‘(iii) applies any chemical, additive, or substance to the tobacco leaf other than potable water in the form of steam or mist. ‘‘(C) The definition of the term ‘tobacco warehouse’ in subparagraph (A) shall not apply to the extent to which the Secretary determines, through rulemaking, that regula- tion under this chapter of the actions described in such subparagraph is appropriate for the protection of the public health. ‘‘(22) UN I TED STATES.—The term ‘United States’ means the 5 0 States of the United States of America and the D istrict of Columbia, the Commonwealth of P uerto R ico, G uam, the V irgin Islands, American Samoa, W ake Island, M idway Islands, K ingman Reef, J ohnston Atoll, the N orthern Mariana Islands, and any other trust territory or possession of the United States. ‘ ‘ SEC.901 . FDA A UTHORI T Y O V ER TO B ACCO P RODUCTS. ‘‘(a) IN GENERA L .—Tobacco products, including modified risk tobacco products for which an order has been issued in accordance with section 9 11, shall be regulated by the Secretary under this chapter and shall not be subject to the provisions of chapter V. ‘‘(b) APPLICABILIT Y .—This chapter shall apply to all cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco and to any other tobacco products that the Secretary by regulation deems to be subject to this chapter. ‘‘(c) SCOPE.— ‘‘(1) IN G ENERAL.—Nothing in this chapter, or any policy issued or regulation promulgated thereunder, or in sections Regulations.21USC387 a.
