Section 40.491 - Persons required to qualify(a)General. Except as otherwise provided in paragraph (b) of this section, every person who engages in the processing of tobacco must first qualify for and receive a permit as a manufacturer of processed tobacco in accordance with the provisions of this subpart.(b)Exceptions.(1) A person who engages in the processing of tobacco solely for his own personal use or consumption and not for sale or transfer to another person is not engaged in the manufacture of processed tobacco for purposes of this part and, accordingly, is not required to qualify as a manufacturer of processed tobacco.(2) Any person who holds a TTB permit for the manufacture of tobacco products is thereby authorized to process tobacco solely for use in the manufacture of tobacco products under that permit, so long as the processed tobacco is not removed from the factory for any purpose other than a purpose authorized by § 40.72(b). Such a manufacturer is not required to qualify under this subpart as a manufacturer of processed tobacco.(3) Any person that holds a TTB permit for the manufacture of tobacco products and that removes processed tobacco from the factory must apply for authorization to engage in that activity, when required to do so under §40.47.T.D. TTB-78, 74 FR 29410 , June 22, 2009, as amended by T.D. TTB-104, 77 FR 37304 , June 21, 2012 T.D. TTB-78, 74 FR 29410 , 6/22/2009, as amended by T.D. TTB-104, 77 FR 37304 , 6/21/2012; 89 FR 87947 , 12/6/2024