COVERED TOBACCO PRODUCT : any tobacco product deemed to be subject to the Federal Food, Drug, and Cosmetic Act pursuant to §1100.2, but excludes any component or part that is NOT made or derived from tobacco. Examples include: e-cigarettes, e-liquid, cigars, hookah (waterpipe) tobacco, pipe tobacco, and dissolvables. Examples of components or parts that are not covered tobacco products include: a pipe or an ENDS atomizer sold without liquid nicotine.
FINISHED TOBACCO PRODUCT : a tobacco product, including all components and parts, sealed in final packaging intended for consumer use (e.g., filters or filter tubes sold separately to consumers or as part of kits). Note that this definition is different from “covered tobacco product” above.
NEW TOBACCO PRODUCT : any tobacco product (including those products in test markets) that was not commercially marketed in the United States as of February 15, 2007 or any modification (including a change in design, any component, any part, or any constituent, including a smoke constituent, or in the content, delivery or form of nicotine, or any other additive or ingredient) of a tobacco product where the modified product was commercially marketed in the United States after February 15, 2007.
SMALL-SCALE TOBACCO PRODUCT MANUFACTURER : a manufacturer of any regulated tobacco product with 150 employees or fewer and annual total revenues of $5,000,000 or less.
- If you mix and prepare e-liquid (i.e. “in store mixing” or “back room mixing”) or create or modify vaporizers (i.e. “building and installing coils”) you will be regulated as both a retailer and a manufacturer.
- Must ensure that the products they import are in compliance with the law.