Issuance
A person shall not engage in business as a manufacturer or importer of tobacco products or processed tobacco or as an export warehouse proprietor without a permit to engage in such business. Such permit, conditioned upon compliance with this chapter and regulations issued thereunder, shall be issued in such form and in such manner as the Secretary shall by regulation prescribe, to every person properly qualified under sections 5711 and 5712. A new permit may be required at such other time as the Secretary shall by regulation prescribe.
Suspension or revocation
Show cause hearing
Action following hearing
If, after hearing, the Secretary finds that such person has not shown cause why his permit should not be suspended or revoked, such permit shall be suspended for such period as the Secretary deems proper or shall be revoked.
Aug. 16, 1954, ch. 73668A Stat. 712Pub. L. 85–859, title II, § 20272 Stat. 1421Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 105–33, title IX, § 9302(h)(2)(A)111 Stat. 674Pub. L. 111–3, title VII, § 702(a)(1)(B)123 Stat. 108(, ; , , ; , , ; , , ; , (b)(2), , , 109.)
Editorial Notes
Amendments
Pub. L. 111–3, § 702(a)(1)(B)2009—Subsec. (a). , inserted “or processed tobacco” after “tobacco products”.
Pub. L. 111–3, § 702(b)(2)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, text read as follows: “If the Secretary has reason to believe that any person holding a permit has not in good faith complied with this chapter, or with any other provision of this title involving intent to defraud, or has violated the conditions of such permit, or has failed to disclose any material information required or made any material false statement in the application for such permit, or has failed to maintain his premises in such manner as to protect the revenue, the Secretary shall issue an order, stating the facts charged, citing such person to show cause why his permit should not be suspended or revoked. If, after hearing, the Secretary finds that such person has not in good faith complied with this chapter or with any other provision of this title involving intent to defraud, has violated the conditions of such permit, has failed to disclose any material information required or made any material false statement in the application therefor, or has failed to maintain his premises in such manner as to protect the revenue, such permit shall be suspended for such period as the Secretary deems proper or shall be revoked.”
Pub. L. 105–331997—Subsec. (a). inserted “or importer” after “manufacturer”.
Pub. L. 94–4551976— struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 85–8591958—Subsec. (a). substituted “manufacturer of tobacco products” for “manufacturer of articles”, included export warehouse proprietors, and struck out provisions which related to dealers in tobacco materials.
Pub. L. 85–859Subsecs. (b), (c). redesignated subsec. (c) as (b) and struck out former subsec. (b) that required permits to be posted.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
section 702(b)(2) of Pub. L. 111–3section 702(b)(3) of Pub. L. 111–3section 5712 of this titleAmendment by effective , see , set out as a note under .
section 702(a)(1)(B) of Pub. L. 111–3section 702(a)(6) of Pub. L. 111–3section 5702 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1997 Amendment
Pub. L. 105–33section 5702(j) of this titlesection 9302(i) of Pub. L. 105–33section 5701 of this titleAmendment by applicable to articles removed, as defined in , after , with transition rule, see , set out as a note under .
Effective Date of 1958 Amendment
Pub. L. 85–859section 210(a)(1) of Pub. L. 85–859section 5001 of this titleAmendment by effective , see , set out as an Effective Date note under .