§2343 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

People who ship, sell, or deliver large amounts of cigarettes or smokeless tobacco must keep records and sometimes file monthly reports. If a single sale or shipment has more than 10,000 cigarettes or more than 500 single-unit cans or packages of smokeless tobacco, the seller must keep whatever information the Attorney General requires. That can include who bought or received the product, addresses and destinations, vehicle and driver details, signatures, why the buyer got the product (for personal use, resale, or delivery), and who the buyer represents if they act as an agent. Anyone (except a tribal government) who, in one month, ships, sells, or delivers more than those amounts in delivery sales must send a monthly report showing beginning and ending inventory totals, what they received from each supplier (named and addressed), and what they sent to each non-retail recipient (named and addressed). Officers from the Bureau of Alcohol, Tobacco, Firearms, and Explosives can inspect those records and the stored product during normal business hours. A court can force an inspection if needed. Denying an officer access or disobeying a court inspection order can lead to a civil fine up to $10,000. Reports filed with the Attorney General must also go to the Secretary of the Treasury and to the attorneys general and tax administrators of the states where the shipments started and ended. Definitions: "Delivery sale" means a sale to a consumer where the buyer orders or the seller delivers while the buyer and seller are not in the same place (by phone, mail, internet, or delivery service). "Interstate commerce" means trade between a State and any place outside it, or between points in the same State that go through a place outside that State.

Title 18, §2343

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Any person who ships, sells, or distributes any quantity of cigarettes in excess of 10,000, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages, in a single transaction shall maintain such information about the shipment, receipt, sale, and distribution of cigarettes as the Attorney General may prescribe by rule or regulation. The Attorney General may require such person to keep such information as the Attorney General considers appropriate for purposes of enforcement of this chapter, including—

(1)the name, address, destination (including street address), vehicle license number, driver’s license number, signature of the person receiving such cigarettes, and the name of the purchaser;

(2)a declaration of the specific purpose of the receipt (personal use, resale, or delivery to another); and

(3)a declaration of the name and address of the recipient’s principal in all cases when the recipient is acting as an agent.

(b)Any person, except for a tribal government, who engages in a delivery sale, and who ships, sells, or distributes any quantity in excess of 10,000 cigarettes, or any quantity in excess of 500 single-unit consumer-sized cans or packages of smokeless tobacco, or their equivalent, within a single month, shall submit to the Attorney General, pursuant to rules or regulations prescribed by the Attorney General, a report that sets forth the following:

(1)The person’s beginning and ending inventory of cigarettes and cans or packages of smokeless tobacco (in total) for such month.

(2)The total quantity of cigarettes and cans or packages of smokeless tobacco that the person received within such month from each other person (itemized by name and address).

(3)The total quantity of cigarettes and cans or packages of smokeless tobacco that the person distributed within such month to each person (itemized by name and address) other than a retail purchaser.

(c)(1)Any officer of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may, during normal business hours, enter the premises of any person described in subsection (a) or (b) for the purposes of inspecting—

(A)any records or information required to be maintained by the person under this chapter; or

(B)any cigarettes or smokeless tobacco kept or stored by the person at the premises.

(2)The district courts of the United States shall have the authority in a civil action under this subsection to compel inspections authorized by paragraph (1).

(3)Whoever denies access to an officer under paragraph (1), or who fails to comply with an order issued under paragraph (2), shall be subject to a civil penalty in an amount not to exceed $10,000.

(d)Any report required to be submitted under this chapter to the Attorney General shall also be submitted to the Secretary of the Treasury and to the attorneys general and the tax administrators of the States from where the shipments, deliveries, or distributions both originated and concluded.

(e)In this section, the term “delivery sale” means any sale of cigarettes or smokeless tobacco in interstate commerce to a consumer if—

(1)the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or by any other means where the consumer is not in the same physical location as the seller when the purchase or offer of sale is made; or

(2)the cigarettes or smokeless tobacco are delivered by use of the mails, common carrier, private delivery service, or any other means where the consumer is not in the same physical location as the seller when the consumer obtains physical possession of the cigarettes or smokeless tobacco.

(f)In this section, the term “interstate commerce” means commerce between a State and any place outside the State, or commerce between points in the same State but through any place outside the State.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Subsec. (c). Pub. L. 111–154 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Upon the consent of any person who ships, sells, or distributes any quantity of cigarettes in excess of 10,000 in a single transaction, or pursuant to a duly issued search warrant, the Attorney General may enter the premises (including places of storage) of such person for the purpose of inspecting any records or information required to be maintained by such person under this chapter, and any cigarettes kept or stored by such person at such premises.” 2006—Pub. L. 109–177, § 121(g)(1), substituted “Recordkeeping, reporting, and inspection” for “Recordkeeping and inspection” in section catchline. Subsec. (a). Pub. L. 109–177, § 121(a)(3)(A), (b)(3), (c)(1), in introductory provisions, substituted “10,000, or any quantity of smokeless tobacco in excess of 500 single-unit consumer-sized cans or packages,” for “60,000” and “such information as the Attorney General considers appropriate for purposes of

Enforcement

of this chapter, including—” for “only—” and, in concluding provisions, struck out “Nothing contained herein shall authorize the Attorney General to require reporting under this section.” at end. Subsec. (b). Pub. L. 109–177, § 121(c)(3), added subsec. (b). Former subsec. (b) redesignated (c). Pub. L. 109–177, § 121(a)(3)(B), substituted “10,000” for “60,000”. Subsec. (c). Pub. L. 109–177, § 121(c)(2), redesignated subsec. (b) as (c). Subsecs. (d) to (f). Pub. L. 109–177, § 121(c)(4), added subsecs. (d) to (f). 2002—Pub. L. 107–296 substituted “Attorney General” for “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

Effective Date

note under section 101 of Title 6, Domestic Security.

Effective Date

Section effective on first day of first month beginning more than 120 days after Nov. 2, 1978, see section 4 of Pub. L. 95–575, set out as a note under section 2341 of this title.

§2343 Recordkeeping, reporting, and inspection

Summary

Title 18, §2343

Notes & Related Subsidiaries

Editorial Notes

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata