Page:United States Statutes at Large Volume 124.djvu/1116

124 STAT. 1090 PUBLIC LAW 111–154—MAR. 31, 2010 ‘‘(14) USE.—The term ‘use’ includes the consumption, stor- age, handling, or disposal of cigarettes or smokeless tobacco.’’. (b) REPORTS TO STATE TOBACCO TAX ADMINISTRATORS.—Section 2 of the Jenkins Act (15 U.S.C. 376) is amended— (1) by striking ‘‘cigarettes’’ each place it appears and inserting ‘‘cigarettes or smokeless tobacco’’; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by inserting ‘‘CONTENTS.—’’ after ‘‘(a)’’; (ii) by striking ‘‘or transfers’’ and inserting ‘‘, trans- fers, or ships’’; (iii) by inserting ‘‘, locality, or Indian country of an Indian tribe’’ after ‘‘a State’’; (iv) by striking ‘‘to other than a distributor licensed by or located in such State,’’; and (v) by striking ‘‘or transfer and shipment’’ and inserting ‘‘, transfer, or shipment’’; (B) in paragraph (1)— (i) by striking ‘‘with the tobacco tax administrator of the State’’ and inserting ‘‘with the Attorney General of the United States and with the tobacco tax adminis- trators of the State and place’’; and (ii) by striking ‘‘; and’’ and inserting the following: ‘‘, as well as telephone numbers for each place of busi- ness, a principal electronic mail address, any website addresses, and the name, address, and telephone number of an agent in the State authorized to accept service on behalf of the person;’’; (C) in paragraph (2), by striking ‘‘and the quantity thereof.’’ and inserting ‘‘the quantity thereof, and the name, address, and phone number of the person delivering the shipment to the recipient on behalf of the delivery seller, with all invoice or memoranda information relating to spe- cific customers to be organized by city or town and by zip code; and’’; and (D) by adding at the end the following: ‘‘(3) with respect to each memorandum or invoice filed with a State under paragraph (2), also file copies of the memo- randum or invoice with the tobacco tax administrators and chief law enforcement officers of the local governments and Indian tribes operating within the borders of the State that apply their own local or tribal taxes on cigarettes or smokeless tobacco.’’; (3) in subsection (b)— (A) by inserting ‘‘PRESUMPTIVE EVIDENCE.—’’ after ‘‘(b)’’; (B) by striking ‘‘(1) that’’ and inserting ‘‘that’’; and (C) by striking ‘‘, and (2)’’ and all that follows and inserting a period; and (4) by adding at the end the following: ‘‘(c) USE OF INFORMATION.—A tobacco tax administrator or chief law enforcement officer who receives a memorandum or invoice under paragraph (2) or (3) of subsection (a) shall use the memo- randum or invoice solely for the purposes of the enforcement of this Act and the collection of any taxes owed on related sales of cigarettes and smokeless tobacco, and shall keep confidential