Code Section 5702

Code Section	Effective Date	Name of Act	Name of Provision	10yr Revenue Estimate ($millions)
5702(d)	7/6/2012	Moving Ahead for Progress in the 21st Century Act	Expand the definition of a tobacco manufacturer to include businesses making available roll-your-own cigarette machines for consumer use	94
5702, 5712, 5713, 5721, 5722, 5723, and 5741	2/4/2009	Children’s Health Insurance Program Reauthorization Act of 2009	Permit, Inventory, Reporting, Recordkeeping Requirements for Manufacturers and Importers of Processed Tobacco	negligible

Expand the definition of a tobacco manufacturer to include businesses making available roll-your-own cigarette machines for consumer use

Explanation of Provision

The Act amends the definition of manufacturer of tobacco products to include any person who for commercial purposes makes available machines capable of making tobacco products for consumer use. This includes making a machine available for consumers to produce tobacco products for personal consumption or use. The addition of this provision is not intended to change the treatment of such machines under present law. A person who sells a machine directly to a consumer at retail for the consumer’s personal home use is not a manufacturer of tobacco products under the provision if the machine is not used at a retail establishment and is designed to produce only personal use quantities. For purposes of imposing the tax liability, the person making the machine available for consumer use is deemed to be the person making the removal with respect to any tobacco products manufactured by the machine.

Permit, Inventory, Reporting, Recordkeeping Requirements for Manufacturers and Importers of Processed Tobacco

Explanation of Provision

The provision creates a new category of manufacturers and importers who are subject to regulation but not to Federal excise tax. Under the provision, manufacturers and importers of “processed tobacco” are subject to the present-law permit, inventory, reporting, packaging, and recordkeeping requirements. Processed tobacco is any tobacco other than tobacco products.¹⁵

A manufacturer of processed tobacco is any person who processes any tobacco other than tobacco products, and an importer includes an importer of processed tobacco. However, the processing of tobacco does not include the farming or growing of tobacco or the handling of whole tobacco leaf solely for sale, shipment, or delivery to a manufacturer of tobacco products or processed tobacco. For example, under the provision an importer of “cut rag” tobacco or a leaf processor that manufactures such tobacco is subject to the general permit, inventory, reporting, and recordkeeping requirements of the Code but is not subject to Federal excise tax (unless it also imports or manufactures tobacco products or cigarette papers or tubes).

Under the provision, any person who is engaged in business as a manufacturer or importer of processed tobacco on April 1, 2009 and who submits a permit application within 90 days of the effective date of this provision may continue to engage in such business pending action on their permit application. Such persons will be subject to the requirements of this provision to the same extent as if the person was a permit holder while final action on the permit application is pending.

15-Sec. 5702(c) defines tobacco products as cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco.
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