There is at least some level of guidance from the FDA, though perhaps informal, that all of the routes you mentioned are open. At least for now.
Ken Byron Ventures and the Deeming Regs
- Thread starter sittingbear
- Start date
SmokingPipes.com Updates
Watch for Updates Twice a Week
PipesMagazine Approved Sponsor
Site Sponsors
PipesMagazine Approved Sponsor
PipesMagazine Approved Sponsor
PipesMagazine Approved Sponsor
PipesMagazine Approved Sponsor
- Status
Over the years I had 6 letters from US Customs asking me if I wish to appeal their decision to confiscator my Cuban cigars. Of course I never answered the letter and my vendor made good on the loss. The penalty was a 50,000 fine plus 5 years in jail.
Does anyone think the FDA is going to penalize people for their actions about pipe tobacco when US customs does shit. I don't think so.
If you want to make money as a small business owner you best be prepared to screw the system any chance you can but always have a real sharp accountant to keep you safe.
Does anyone think the FDA is going to penalize people for their actions about pipe tobacco when US customs does shit. I don't think so.
If you want to make money as a small business owner you best be prepared to screw the system any chance you can but always have a real sharp accountant to keep you safe.
yeah. It reminds me of the switch to ICD10 all nightmares and doom predictions and then oh yeah it's actually easier to use and less likely to cause confusion. But you change anything people get afraid because reality isn't the native location of the human psyche.
A couple weeks ago the cigar manufacturers were celebrating that all this deeming nonsense was buried indefinitely, albeit not permanently. Not sure if this applies to the pipe tobacco manufacturers or not. I don't know if they're paying their bribes or just trying to piggyback off the efforts of the cigar industry.
The ruling at issue that I think you are referring to applied to “premium cigars”. Definition and rules for that category to now be supplied later. Machine made cigars and pipe tobacco didn’t get a stay of execution.
As I've mentioned before, just have someone "hand roll" a wrapper around 50g of Nightcap or whatever to make "premium cigars."??
There is also a Grey area, at least as far as I have been able to read. If doing what some boutique blenders do, buying tobacco from duly licensed primary processors, mixing them together, heating, stoving, pressing, etc., perhaps with added ingredients for flavoring that are themselves FDA approved as, say, food additives, can be viewed as manufacturing under the law as it has been (very selectively) enforced by the BATFE, is it manufacturing as the FDA sees it under the (different) statute that they will be enforcing? That is a long winded question. But I have tried to find an answer and I can’t.
At least one primary processor has already pulled some of their previously available blending tobaccos from their catalog because they say it isn’t capable of being grandfathered and they don’t sell enough to file the paperwork that would qualify it otherwise. So, the inference to me is that their remaining offerings to the trade are ok to use. So does a shop mixing some 1Q with RLP 6 and calling it Geezers Dream require them to first file for FDA premarket approval? If they heat it up before they sell it, are they required to file ? If they put it in a noodle press? Spray it with Rosewater?
TL:DR. There are lots of outstanding questions. Some are probably best left unasked for now.
At least one primary processor has already pulled some of their previously available blending tobaccos from their catalog because they say it isn’t capable of being grandfathered and they don’t sell enough to file the paperwork that would qualify it otherwise. So, the inference to me is that their remaining offerings to the trade are ok to use. So does a shop mixing some 1Q with RLP 6 and calling it Geezers Dream require them to first file for FDA premarket approval? If they heat it up before they sell it, are they required to file ? If they put it in a noodle press? Spray it with Rosewater?
TL:DR. There are lots of outstanding questions. Some are probably best left unasked for now.
I think one of the main reasons the judge struck it down was because the FDA doesn't even have the means to do all this testing of the cigars to make sure its "safe"anyway. That and the language is so vague its impossible to fully comply with. I don't see why pipe tobacco would be any different, but if they're not ponying up the money for expensive lawyers like the cigar makers they will probably get the shaft.
How does a supreme court, stacked with conservative judges effect this?
Hopefully to our favor...
I don't know, it used to be that conservatives were against anything that was considered fun, but lately the Democrats seem to have leaned more towards an authoritarian stance on tobacco regulations, regardless of their "my body my choice" mantra they chant when it suits their purposes. Ok, Im being facetious and who knows if the supreme court would even agree to hear this case anyway.
He is selling without charging sales tax or shipping. You may be on to something.
I pay Tennessee sales tax on all my purchases from KBV. Right now, there is no uniformity on the rules governing collection of sales taxes on out of state vendors. Most states have a threshold amount of annual sales in the state and if you fall below that threshold you are not required to collect and remit sales taxes to that state. I have no idea what Kentucky’s threshold is, but most states require you to be selling at least six figures to residents of that state.
what is wrong with offering free shipping?
why do you feel compelled to second these disparaging accusations on baseless surmises of a legitimate, fully licensed, business?
KBV's Jupiter Slices is among the best tobacco I have EVER tasted. It's like a cross between Stonehaven and McClelland 5100. I have ZERO doubt this will only get better with age too. It's definitely in my top 10 all time favorites so far.
I hope he figures it out.
I hope he figures it out.
Nothing
Okay.......
Legislation recently made online retailers charge taxes or report them to the state of the buyer. Why feel compelled to angrily reply to a reply of the original comment?
It's either the man himself or one of his fanatical acolytes.
I see what you're saying but just let him be Greeneyes. Byron / Sean Connery / Oldgeezer or whatever he's calling himself can sometimes come off a bit pompous but it's not like he's strangling kittens for a living. It's time to let the KBV antipathy fade.
Disclaimer: The following statements are not legal or tax advice!
My understanding was that a "nexus" (typically $100,000 or 200 transactions or some other significant linkage to the state such as a warehouse locations, etc.) still had to be reached before a particular vendor was required to withhold and remit sales tax to a state. Otherwise, the burden is on the purchaser to report the out of state purchases via yearly income tax filing and pay the necessary sales tax accordingly. This is how it works for Ohio.
No such uniform legislation has ever passed. A Supreme Court decision said the states could apply their sales tax laws to out of state retailers. Most states enacted laws with dollar thresholds below which no collection is required. None. As in zero. There is also no uniform legislation requiring reporting of such sales. What there is is a patchwork of interstate reporting arrangements. Tennessee isn’t a part to any of them, Kentucky might or might not be.Nothing
Okay.......
Legislation recently made online retailers charge taxes or report them to the state of the buyer. Why feel compelled to angrily reply to a reply of the original comment?
You didn’t just second the OP, which concerned deeming regulations. You raised additional grounds to suspect that a totally legitimate business is somehow unsavory.
I am upset because of all the sniping that goes on disparaging people who are trying to provide goods and services to a hobby that is under attack.
- Status