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Understanding the Small Tobacco Product Manufacturer: Key Legal Insights
Definition & Meaning
A small tobacco product manufacturer is defined as a company that produces tobacco products and employs fewer than 350 people. When counting employees, it includes those working for any related entities that control, are controlled by, or share common control with the manufacturer. This classification is important for regulatory purposes, as it may affect compliance requirements and business operations within the tobacco industry.
Table of content
Legal Use & context
The term small tobacco product manufacturer is primarily used in regulatory contexts, particularly concerning compliance with federal and state tobacco laws. It is relevant in areas such as public health regulations, taxation, and business licensing. Understanding this classification can help manufacturers navigate the legal landscape, including potential exemptions or reduced regulatory burdens. Users can find helpful legal templates on US Legal Forms to assist in compliance and documentation.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A small tobacco manufacturer based in North Carolina produces hand-rolled cigars and has 200 employees. They qualify as a small tobacco product manufacturer under federal definitions.
Example 2: A family-owned tobacco company with 300 employees and a subsidiary that employs 50 people would still be classified as a small tobacco product manufacturer because the total employee count is under 350. (hypothetical example)
Relevant laws & statutes
The primary statute relevant to small tobacco product manufacturers is the Federal Food, Drug, and Cosmetic Act, specifically 21 USCS § 387 (16). This law outlines the definition and implications of being classified as a small tobacco product manufacturer.
State-by-state differences
State
Key Differences
California
Additional state regulations may apply, including stricter licensing requirements.
Texas
State tax incentives may be available for small manufacturers.
Florida
Specific health regulations may differ for small manufacturers compared to larger ones.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Large tobacco product manufacturer
A manufacturer with 350 or more employees, subject to different regulatory standards.
Tobacco product distributor
An entity that sells tobacco products but does not manufacture them.
Common misunderstandings
What to do if this term applies to you
If you are a small tobacco product manufacturer, ensure you understand the applicable regulations and compliance requirements. Consider using US Legal Forms for templates that can help with licensing and regulatory documentation. If your situation is complex, it may be beneficial to seek advice from a legal professional to ensure compliance with all relevant laws.
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