37-1401. Definitions

(Conditionally Rpld.)

In this article, unless the context otherwise requires:

1. " Agent" means a person who is authorized by the department of revenue to purchase and affix stamps on packages of cigarettes.

2. " Cigarette" means any roll of tobacco or any substitute for tobacco wrapped in paper or any substance not containing tobacco.

3. " Manufacturer" means:

(a) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere and that the manufacturer intends to be sold in this state, including cigarettes that are intended to be sold in the United States through an importer.

(b) The first purchaser anywhere that intends to resell in the United States cigarettes that are manufactured anywhere and that the original manufacturer or maker does not intend to be sold in the United States.

(c) A successor entity to an entity described in subdivision (a) or (b) of this paragraph.

4. " Quality control and quality assurance program" means the laboratory procedures implemented to ensure:

(a) That operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing.

(b) That the testing repeatability remains within the required repeatability values prescribed in section 37-1402, subsection B, paragraph 6 for all test trials that are used to certify cigarettes pursuant to this article.

5. " Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.

6. " Retailer" means any person, other than a manufacturer or wholesaler, who is engaged in selling cigarettes or tobacco products.

7. " Sale" means a transfer of title or possession, or both, or an exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement to transfer, exchange or barter. Sale includes the giving of cigarettes as samples, prizes or gifts and the exchanging of cigarettes for any consideration other than money.

8. " Sell" means to sell or to offer or agree to sell.

9. " Wholesaler" means a person, other than a manufacturer, who sells cigarettes or tobacco products to retailers or other persons for resale, and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or on premises owned or occupied by any other person.