Editorial Notes
Prior Provisions
A prior section 375, act Oct. 19, 1949, ch. 699, § 1, 63 Stat. 884; Aug. 9, 1955, ch. 695, § 1, 69 Stat. 627, set out definitions for this chapter, prior to repeal by Pub. L. 111–154, § 2(a), Mar. 31, 2010, 124 Stat. 1088.
Amendments
2020—Par. (2)(A)(ii). Pub. L. 116–260, § 602(a)(1)(A), substituted “includes—” for “includes”, inserted subcl. (I) designation before “roll-your-own tobacco”, and added subcl. (II).
Pars. (7) to (15). Pub. L. 116–260, § 602(a)(1)(B), (C), added par. (7) and redesignated former pars. (7) to (14) as (8) to (15), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–260, div. FF, title VI, § 602(b), Dec. 27, 2020, 134 Stat. 3137, provided that:
“This section [amending this section and
section 376a of this title and enacting provisions set out as a note under this section], and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act [
Dec. 27, 2020].”
Effective Date
Pub. L. 111–154, § 6, Mar. 31, 2010, 124 Stat. 1110, provided that:
“(a) In General.—
Except as provided in subsection (b), this Act [see Short Title of 2010 Amendment note below] shall take effect on the date that is 90 days after the date of enactment of this Act [Mar. 31, 2010].
“(b) BATFE Authority.—
The amendments made by section 4 [amending
section 2343 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of enactment of this Act.”
Short Title of 2010 Amendment
Pub. L. 111–154, § 1(a), Mar. 31, 2010, 124 Stat. 1087, provided that:
“This Act [enacting this section, sections
376a,
377, and
378 of this title, and
section 1716E of Title 18, Crimes and Criminal Procedure, amending
section 376 of this title and
section 2343 of Title 18, repealing former sections 375, 377, and 378 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘
Prevent All Cigarette Trafficking Act of 2009’ or ‘
PACT Act’.”
Short Title
Act Oct. 19, 1949, ch. 699, 63 Stat. 884, which is classified generally to this chapter, is popularly known as the Jenkins Act.
Severability
Pub. L. 111–154, § 7, Mar. 31, 2010, 124 Stat. 1111, provided that:
“If any provision of this Act [see Short Title of 2010 Amendment note above], or any amendment made by this Act, or the application thereof to any
person or circumstance, is held invalid, the remainder of the Act and the application of the Act to any other
person or circumstance shall not be affected thereby.”
Rule of Construction
Pub. L. 116–260, div. FF, title VI, § 602(c), Dec. 27, 2020, 134 Stat. 3137, provided that:
“Nothing in this section [amending this section and
section 376a of this title and enacting provisions set out as a note under this section], or an amendment made by this section, may be construed to affect or otherwise alter any provision of the
Federal Food, Drug, and Cosmetic Act (
21 U.S.C. 301 et seq.), including its implementing regulations.”
Findings and Purpose
Pub. L. 111–154, § 1(b), (c), Mar. 31, 2010, 124 Stat. 1087, 1088, provided that:
“(b) Findings.—Congress finds that—
“(1)
the sale of illegal
cigarettes and
smokeless tobacco products significantly reduces Federal,
State, and local government revenues, with Internet sales alone accounting for billions of dollars of lost Federal,
State, and local tobacco tax revenue each year;
“(2)
Hezbollah, Hamas, al Qaeda, and other terrorist organizations have profited from trafficking in illegal
cigarettes or counterfeit
cigarette tax stamps;
“(3)
terrorist involvement in illicit
cigarette trafficking will continue to grow because of the large profits such organizations can earn;
“(4)
the sale of illegal
cigarettes and
smokeless tobacco over the Internet, and through mail, fax, or phone orders, makes it cheaper and easier for children to obtain tobacco products;
“(5)
the majority of Internet and other remote sales of
cigarettes and
smokeless tobacco are being made without adequate precautions to protect against sales to children, without the payment of applicable taxes, and without complying with the nominal registration and reporting requirements in existing Federal law;
“(6)
unfair competition from illegal sales of
cigarettes and
smokeless tobacco is taking billions of dollars of sales away from law-abiding retailers throughout the United
States;
“(8)
the number of active tobacco investigations being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives rose to 452 in 2005;
“(9)
the number of Internet vendors in the United
States and in foreign countries that sell
cigarettes and
smokeless tobacco to buyers in the United
States increased from only about 40 in 2000 to more than 500 in 2005; and
“(c) Purposes.—It is the purpose of this Act [see Short Title of 2010 Amendment note above] to—
“(1)
require Internet and other remote sellers of
cigarettes and
smokeless tobacco to comply with the same laws that apply to law-abiding tobacco retailers;
“(2)
create strong disincentives to illegal smuggling of tobacco products;
“(3)
provide government enforcement officials with more effective enforcement tools to combat tobacco smuggling;
“(4)
make it more difficult for
cigarette and
smokeless tobacco traffickers to engage in and profit from their illegal activities;
Exclusions Regarding Indian Tribes and Tribal Matters
Pub. L. 111–154, § 5, Mar. 31, 2010, 124 Stat. 1109, provided that:
“(a) In General.—Nothing in this Act [see Short Title of 2010 Amendment note above] or the amendments made by this Act shall be construed to amend, modify, or otherwise affect—
“(4)
any Federal law, including Federal common law and treaties, regarding
State jurisdiction, or lack thereof, over any
tribe, tribal members,
tribal enterprises,
tribal reservations, or other lands held by the United
States in trust for one or more
Indian tribes; or
“(b) Coordination of Law Enforcement.—Nothing in this Act or the amendments made by this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by 1 or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that—
“(1)
provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products;
“(2)
provides for the seizure of tobacco products or other property related to a violation of such laws; or
“(3)
establishes cooperative programs for the administration of such laws.
“(c) Treatment of State and Local Governments.—
Nothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission
States or local governments as instrumentalities of the United
States.
“(d) Enforcement Within Indian Country.—
Nothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the
Attorney General of the United
States of this Act or an amendment made by this Act within
Indian country.
“(e) Ambiguity.—
Any ambiguity between the language of this section or its application and any other provision of this Act shall be resolved in favor of this section.
“(f) Definitions.—In this section—
“(2)
the term ‘
tribal enterprise’ means any business enterprise, regardless of whether incorporated or unincorporated under Federal or
tribal law, of an
Indian tribe or group of
Indian tribes.”