[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR40.61]

[Page 740]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, DEPARTMENT OF THE 
                                TREASURY
 
PART 40--MANUFACTURE OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES--Table of Contents
 
         Subpart E--Qualification Requirements for Manufacturers
 
Sec. 40.61  Qualification--General.


    (a) Who must qualify. Every person who produces tobacco products 
except for his or her own personal consumption or use, shall qualify as 
a manufacturer of tobacco products in accordance with the provisions of 
this part.
    (b) Minimum manufacturing and activity requirements. A permit to 
manufacture tobacco products will only be granted to those persons whose 
principal business activity under such permit will be the original 
manufacture of tobacco products. A permit will not be granted to any 
person whose principal activity under such permit will be to receive or 
transfer tobacco products in bond. As a minimum activity requirement, in 
order to qualify for a permit, the quantity of tobacco products 
manufactured under the permit must exceed the quantity to be transferred 
or received in bond under the permit. For the purposes of this section, 
repackaging or relabeling activities alone do not qualify as a 
manufacturing activity.

[T.D. ATF-421, 64 FR 71923, Dec. 22, 1999]