I know that the responses to this can't be considered 'legal advice' but, there is a huge wealth of information here and I still am a bit confused on a few things.
A bit of background. I plan on starting to raise tobacco in the high desert of Nevada next year beginning on an experimental scale, not more than 2 acres and only three varieties. In the mean time, I'm planning on selling whole leaf at the retail level in order to produce a bit more funding to start the thing off with. To do that, I've officially formed my one man LLC and obtained the business license.
Now for the questions! I forst gt interested in whole leaf as a way to save $$$ for my own smokes and bought from a company that says they sell whole leaf but, from what I see, it looks more like leaf scrap... not really a whole leaf in the entire 12.5 pound bag. They sell this as a 'combo deal' to customers consisting of the tobacco, shredder, and tubes. From what I've found so far, doesn't that make them a seller of cigarettes or at least a seller of RYO tobacco product subject to federal excise tax?
I may be wrong but, from what I can tell, leaf pieces (scrap) is a 'product' and not just an agricultural commodity anymore since the mid-rib has been stripped out. Add to that the fact that they are selling it with the advertised purpose of making your own cigarettes and supplying the tubes as part of the package, I would think that it would move them into the 'tobacco products' side of things.
Let me be clear, I do NOT want these folks to get into trouble! I just want to make sure I avoid trouble in my own business.
A bit of background. I plan on starting to raise tobacco in the high desert of Nevada next year beginning on an experimental scale, not more than 2 acres and only three varieties. In the mean time, I'm planning on selling whole leaf at the retail level in order to produce a bit more funding to start the thing off with. To do that, I've officially formed my one man LLC and obtained the business license.
Now for the questions! I forst gt interested in whole leaf as a way to save $$$ for my own smokes and bought from a company that says they sell whole leaf but, from what I see, it looks more like leaf scrap... not really a whole leaf in the entire 12.5 pound bag. They sell this as a 'combo deal' to customers consisting of the tobacco, shredder, and tubes. From what I've found so far, doesn't that make them a seller of cigarettes or at least a seller of RYO tobacco product subject to federal excise tax?
I may be wrong but, from what I can tell, leaf pieces (scrap) is a 'product' and not just an agricultural commodity anymore since the mid-rib has been stripped out. Add to that the fact that they are selling it with the advertised purpose of making your own cigarettes and supplying the tubes as part of the package, I would think that it would move them into the 'tobacco products' side of things.
Let me be clear, I do NOT want these folks to get into trouble! I just want to make sure I avoid trouble in my own business.