In this subtitle:

(1) Secretary
Except as otherwise indicated, the term "Secretary" means the Secretary of the Treasury.

(2) Primary packaging
The term "primary packaging" refers to the permanent packaging inside of the innermost cellophane or other transparent wrapping and labels, if any. Warnings or other statements shall be deemed "permanently imprinted" only if printed directly on such primary packaging and not by way of stickers or other similar devices.

(3) Delivery sale
The term "delivery sale" means any sale of cigarettes or a smokeless tobacco product to a consumer if—

(A) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or

(B) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product.


2006—Par. (3). Pub. L. 109–432 added par. (3).

Effective Date of 2006 Amendment

Pub. L. 109–432, div. C, title IV, §401(g), Dec. 20, 2006, 120 Stat. 3050, provided that: "The amendments made by this section [amending this section, sections 1681a and 1681b of this title, and sections 5754 and 5761 of Title 26, Internal Revenue Code] shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act [Dec. 20, 2006]."

Effective Date

Pub. L. 106–476, title IV, §4004(b), Nov. 9, 2000, 114 Stat. 2181, provided that: "The amendment made by subsection (a) [enacting this subtitle] shall take effect 30 days after the date of the enactment of this Act [Nov. 9, 2000]."

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