40.47—Other businesses within factory.
(a) General.
The appropriate TTB officer may authorize such other businesses within the factory of a manufacturer of tobacco products as he finds will not jeopardize the revenue, will not hinder the effective administration of this part, and will not be contrary to law. A manufacturer of tobacco products who wishes to engage in another business within the factory must submit a written application to do so to the appropriate TTB officer. Except as otherwise provided in paragraph (b) of this section, a manufacturer of tobacco products may not engage in such other business until the application is approved by the appropriate TTB officer. The manufacturer must retain as part of its records any authorization provided under this section.
(b) Processed tobacco.
A manufacturer of tobacco products who removes processed tobacco for purposes other than destruction must apply for and obtain TTB authorization to engage in another business within the factory, in accordance with paragraph (a) of this section. Such manufacturer who is engaged in the processing of tobacco on April 1, 2009, and who applies for authorization before June 30, 2009, may continue to engage in such activity pending TTB action on the application.