[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR307.3]

[Page 330-331]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 307_REGULATIONS UNDER THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH 
EDUCATION ACT OF 1986--Table of Contents
 
Sec. 307.3  Terms defined.

    As used in this part, unless the context otherwise specifically 
requires:
    (a) Act means the Comprehensive Smokeless Tobacco Health Education 
Act of 1986 (Pub. L. 99-252) and any amendments thereto.
    (b) Commission means the Federal Trade Commission.
    (c) Regulation(s) means regulations promulgated by the Commission 
pursuant to sections 3 and 5 of the Act.
    (d) Commerce means (1) commerce between any State, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, 
American Samoa, Wake Island, Midway Islands, Kingman Reef, or Johnston 
Island and any place outside thereof; (2) commerce between points in any 
State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman 
Reef, or Johnston Island, but through any place outside thereof; or (3) 
commerce wholly within the District of Columbia, Guam, the Virgin 
Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, or 
Johnston Island.
    (e) United States, when used in a geographical sense, means the 
several States, the District of Columbia, the Commonwealth of Puerto 
Rico, Guam, the Virgin Islands, American Samoa, Wake Island, Midway 
Islands, Kingman Reef, Johnston Island, and installations of the Armed 
Forces.
    (f) Smokeless tobacco product means any finely cut, ground, powered, 
or leaf tobacco that is intended to be placed in the oral cavity, 
including snuff, chewing tobacco, and plug tobacco.
    (g) Brand means smokeless tobacco products that bear a common 
identifying name or mark, regardless of whether the products are 
differentiated by type of product, size, shape, packaging, or other 
characteristic, and, in the case of generic or private label smokeless 
tobacco products, means all products produced by a single manufacturer 
or its affiliates or imported by a single importer or its affiliates.
    (h) Package means any pack, can, box, jar, carton, pouch, container, 
or wrapping in which any smokeless tobacco product is offered for sale, 
sold, or otherwise distributed to consumers, but for purposes of these 
regulations package does not include (1) any shipping container or 
wrapping used solely for transporting smokeless tobacco products in bulk 
or quantity to manufacturers, packagers, processors, wholesalers, or 
retailers unless the container or wrapping is intended for use as a 
retail display or (2) any wrapping or container that bears no written, 
printed, or graphic matter.
    (i) Label means any written, printed, or graphic matter affixed to 
or appearing on any smokeless tobacco product or any package containing 
a smokeless tobacco product with the exception of any revenue stamp 
affixed to a smokeless tobacco product.
    (j) Billboard means any outdoor sign with an area of more than 150 
square feet.

[[Page 331]]

    (k) Manufacturer means any person who manufacturers, produces, or 
processes any smokeless tobacco product.
    (l) Packager means any person who puts any smokeless tobacco product 
into packages to be offered for sale, sold, or distributed to consumers.
    (m) Importer means any person who puts any smokeless tobacco product 
that was not manufactured inside the United States into commerce to be 
offered for sale, sold, or distributed to consumers.
    (n) Utilitarian objects means items, other than smokeless tobacco 
products, that are sold or given or caused to be sold or given by any 
manufacturer, packager or importer to consumers for their personal use 
and that display the brand name, logo, or selling message of any 
smokeless tobacco product. Such items include, but are not limited to, 
pens, pencils, clothing or sporting goods.

[51 FR 40015, Nov. 4, 1986, as amended at 56 FR 11662, Mar. 20, 1991]

                          General Requirements