tobacco warehouse
(21) Tobacco warehouse (A) Subject to subparagraphs (B) and (C), the term “tobacco warehouse” includes any person— (i) who— (I) removes foreign material from tobacco leaf through nothing other than a mechanical process; (II) humidifies tobacco leaf with nothing other than potable water in the form of steam or mist; or (III) de-stems, dries, and packs tobacco leaf for storage and shipment; (ii) who performs no other actions with respect to tobacco leaf; and (iii) who provides to any manufacturer to whom the person sells tobacco all information related to the person’s actions described in clause (i) that is necessary for compliance with this chapter. (B) The term “tobacco warehouse” excludes any person who— (i) reconstitutes tobacco leaf; (ii) is a manufacturer, distributor, or retailer of a tobacco product; or (iii) applies any chemical, additive, or substance to the tobacco leaf other than potable water in the form of steam or mist. (C) The definition of the term “tobacco warehouse” in subparagraph (A) shall not apply to the extent to which the Secretary determines, through rulemaking, that regulation under this subchapter of the actions described in such subparagraph is appropriate for the protection of the public health.