(a) A tobacco product manufacturer is any
person, including any repacker or relabeler, who manufactures, fabricates,
assembles, mixes, blends, combines, processes, or labels a finished tobacco
product.
The term tobacco product manufacturer includes an owner of
a brand or formula for a tobacco product who contracts with another person to
complete the fabrication and assembly of the product to the brand or formula
owner's standard.
(b) A
retailer who mixes, blends, or combines a tobacco product that is not in a form
suitable for human consumption, such as liquid nicotine, and other ingredients
or components to make a tobacco product that is suitable for human consumption
is a tobacco product manufacturer. A retailer is not a manufacturer solely
because the retailer packages liquid nicotine with other items as one unit or
allows its customers to mix, blend, or combine liquid nicotine and other
components after a sale has been made, or both.
(c) A retailer is not a manufacturer solely
because the retailer packages finished tobacco products, such as cigars,
together as one unit or because the retailer mixes, blends, or combines
finished tobacco products, such as pipe tobacco.
(d) A retailer who is not a licensed
manufacturer, importer, or distributor must purchase its tobacco products from
a licensed tobacco products distributor or wholesaler.
Notes
Cal. Code
Regs. Tit. 18, §
4077
1. New
section filed 4-6-2021; operative 4-6-2021. Pursuant to Government Code section
15570.40(b),
this action is exempt from the Administrative Procedure Act. Submitted to OAL
for filing and printing only pursuant to Government Code section
11343.8
(Register 2021, No. 15).
Note: Authority cited: Section
22971.2,
Business and Professions Code; and Section
30451,
Revenue and Taxation Code. Reference: Sections
22971
and
22974,
Business and Professions Code; and Sections
30103,
30121
and
30131.1,
Revenue and Taxation Code.
1. New section filed 4-6-2021; operative
4/6/2021.
Pursuant to Government Code section
15570.40(b),
this action is exempt from the Administrative Procedure Act. Submitted to OAL
for filing and printing only pursuant to Government Code section
11343.8
(Register
2021, No. 15).
