In your example, intent doesn't matter. If you never distribute, there's nothing to regulate, it's all personal use.
Right, according to your definition of the law.
But now, if I ask the same question for the FDA...what are they going to say about it?
This is the point I'm trying to make, there are far too many unanswered questions where DIY could literally destroy the TCA at it's root, assuming that DIY isn't regulated.
Any business could circumvent the law from it's start simply by stating that they started out DIY...and later decided to open their own business. The FDA wouldn't be able to prove intent, even if a business operator fully intended on selling everything from the beginning but failed miserably.
While it may seem like a weak argument, it's a valid point that could significantly undermine the TCA at it's root...especially for a home-based business.
That one example destroys this reg because it's stating that you have to register as a manufacturer BEFORE you actually make anything.
"every person who owns or operates any domestic establishments engaged in the manufacture,preparation, compounding, or processing of a regulated tobacco product"
There's nothing here that stipulates sales or distribution; it's strictly manufacturing prior to sales, distribution, etc...
And so the next question, what happens to your inventory since you didn't register before making it while the law was on the books, after 8/8/16?
I'm guessing that they'd make you trash it, but how exactly? Can't throw it or give it away (distribution), can't export it.
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