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15 U.S.C. § 376 — Reports to State tobacco tax administrator

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 376 — Reports to State tobacco tax administrator

**(a) Contents** Any person who sells, transfers, or ships for profit cigarettes or smokeless tobacco in interstate commerce, whereby such cigarettes or smokeless tobacco are shipped into a State, locality, or Indian country of an Indian tribe taxing the sale or use of cigarettes or smokeless tobacco, or who advertises or offers cigarettes or smokeless tobacco for such a sale, transfer, or shipment, shall— (1) first file with the Attorney General of the United States and with the tobacco tax administrators of the State and place into which such shipment is made or in which such advertisement or offer is disseminated a statement setting forth his name and trade name (if any), and the address of his principal place of business and of any other place of business, as well as telephone numbers for each place of business, 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; (2) not later than the 10th day of each calendar month, file with the tobacco tax administrator of the State into which such shipment is made, a memorandum or a copy of the invoice covering each and every shipment of cigarettes or smokeless tobacco made during the previous calendar month into such State; the memorandum or invoice in each case to include the name and address of the person to whom the shipment was made, the brand, 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 specific customers to be organized by city or town and by zip code; and (3) with respect to each memorandum or invoice filed with a State under para

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Stable record: federal_law:legal_authorities:record_usc_a864c1afc8507fbfba029227
Source file: Laws/federal/codes/united-states-code/title-15/section-376-reports-to-state-tobacco-tax-administrator--654685a629.md
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Source location: Title 15, Chapter 10A, § 376; chapter-10a-collection-of-state-cigarette-taxes.md

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**(a) Contents** Any person who sells, transfers, or ships for profit cigarettes or smokeless tobacco in interstate commerce, whereby such cigarettes or smokeless tobacco are shipped into a State, locality, or Indian country of an Indian tribe taxing the sale or use of cigarettes or smokeless tobacco, or who advertises or offers cigarettes or smokeless tobacco for such a sale, transfer, or shipment, shall— (1) first file with the Attorney General of the United States and with the tobacco tax administrators of the State and place into which such shipment is made or in which such advertisement or offer is disseminated a statement setting forth his name and trade name (if any), and the address of his principal place of business and of any other place of business, as well as telephone numbers for each place of business, 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; (2) not later than the 10th day of each calendar month, file with the tobacco tax administrator of the State into which such shipment is made, a memorandum or a copy of the invoice covering each and every shipment of cigarettes or smokeless tobacco made during the previous calendar month into such State; the memorandum or invoice in each case to include the name and address of the person to whom the shipment was made, the brand, 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 specific customers to be organized by city or town and by zip code; and (3) with respect to each memorandum or invoice filed with a State under paragraph (2), also file copies of the memorandum 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. **(b) Presumptive evidence** The fact that any person ships or delivers for shipment any cigarettes or smokeless tobacco shall, if such shipment is into a State in which such person has filed a statement with the tobacco tax administrator under subsection (a)(1) of this section, be presumptive evidence that such cigarettes or smokeless tobacco were sold, or transferred for profit, by such person. **(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 memorandum or invoice solely for the purposes of the enforcement of this chapter and the collection of any taxes owed on related sales of cigarettes and smokeless tobacco, and shall keep confidential any personal information in the memorandum or invoice except as required for such purposes.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 375 — Definitions

As used in this chapter, the following definitions apply: (1) **Attorney general** — The term “attorney general”, with respect to a State, means the attorney general or other chief law enforcement officer of the State. (2) **Cigarette** (A) *In general* — The term “cigarette”— (i) has the meaning given that term in [section 2341 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2341&num=0&edition=prelim); and (ii) includes— (I) roll-your-own tobacco (as defined in [section 5702 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5702&num=0&edition=prelim)); and (II) an electronic nicotine delivery system. (B) *Exception* — The term “cigarette” does not include a cigar (as defined in [section 5702 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5702&num=0&edition=prelim)). (3) **Common carrier** — 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. (4) **Consumer** — The term “consumer”— (A) means any person that purchases cigarettes or smokeless tobacco; and (B) does not include any person lawfully operating as a manufacturer, distributor, wholesaler, or retailer of cigarettes or smokeless tobacco. (5) **Delivery sale** — The term “delivery sale” means any sale of cigarettes or smokeless tobacco to a consumer if— (A) the consumer subm

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 376a — Delivery sales

**(a) In general** With respect to delivery sales into a specific State and place, each delivery seller shall comply with— (1) the shipping requirements set forth in subsection (b); (2) the recordkeeping requirements set forth in subsection (c); (3) all State, local, tribal, and other laws generally applicable to sales of cigarettes or smokeless tobacco as if the delivery sales occurred entirely within the specific State and place, including laws imposing— (A) excise taxes; (B) licensing and tax-stamping requirements; (C) restrictions on sales to minors; and (D) other payment obligations or legal requirements relating to the sale, distribution, or delivery of cigarettes or smokeless tobacco; and (4) the tax collection requirements set forth in subsection (d). **(b) Shipping and packaging** (1) **Required statement** — For any shipping package containing cigarettes or smokeless tobacco, the delivery seller shall include on the bill of lading, if any, and on the outside of the shipping package, on the same surface as the delivery address, a clear and conspicuous statement providing as follows: “CIGARETTES/NICOTINE/SMOKELESS TOBACCO: FEDERAL LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING OBLIGATIONS”. (2) **Failure to label** — Any shipping package described in paragraph (1) that is not labeled in accordance with that paragraph shall be treated as nondeliverable matter by a common carrier or other delivery service, if the common carrier or other delivery service knows or should know the package contains cigarettes or smokeless tobacco. If a common carrier or other delivery service believes a package is being submitted for delivery in violation of paragraph (1), it may require the person

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 376 — Reports to State tobacco tax administrator

Page 730 TITLE 15—COMMERCE AND TRADE § 376 ‘‘(1) provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products; ‘‘(2) provides for the seizure of tobacco products or other property related to a violation of such laws; or ‘‘(3) establishes cooperative programs for the ad- ministration of such laws. ‘‘(c) TREATMENT OF STATE AND LOCAL GOVERN- MENTS.—Nothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission States or local governments as instrumen- talities of the United States. ‘‘(d) ENFORCEMENT WITHIN INDIAN COUNTRY.—Nothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this Act or an amend- ment made by this Act within Indian country. ‘‘(e) AMBIGUITY.—Any ambiguity between the lan- guage of this section or its application and any other provision of this Act shall be resolved in favor of this section. ‘‘(f) DEFINITIONS.—In this section— ‘‘(1) the term ‘Indian country’ has the meaning given that term in section 1 of the Jenkins Act [Act of October 19, 1949, 15 U.S.C. 375], as amended by this Act; and ‘‘(2) the term ‘tribal enterprise’ means any business enterprise, regardless of whether incorporated or un- incorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes.’’ § 376. Reports to State tobacco tax administrator (a) Contents Any person who sells, transfers, or ships for profit cigarettes or smokeless tobacco in inter- state commerce, whereby such cigarettes or smokeless tobacco are shipped into a State, lo- cality, or Indian country of an Indian tribe tax- ing the sale or use of cigarettes or smokeless

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