For the purposes of this subchapter, the term:

(1) “Cigarette” means any product that contains any amount of nicotine, regardless of size, shape, or presence of other ingredients, that is intended to be burned or heated and consists of or contains any roll of tobacco wrapped in paper, or in any other substance other than tobacco, and because of its appearance, the type of tobacco used, and its packaging or labeling is offered to or purchased by consumers for smoking.

(2) “Consumer testing” means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing.

(3) “Fire-standard-compliant cigarette” means a cigarette that:

(A) Has been tested pursuant to this subchapter; and

(B) Has met the performance standard required by this subchapter.

(4) “Manufacturer” means any person or entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in or outside the District, for sale in the District directly or through an importer, wholesale dealer, or retail dealer, including any first purchaser that intends to resell cigarettes.

(5) “Quality control and quality assurance program” means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and that maintain a repeatability value of no greater than 0.19.

(6) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.

(7) “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in the sale of cigarettes.

(8) “Sale” or “selling” means any transfer of title or possession, or both, exchange or barter, conditional or otherwise, including the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration.

(9) “Wholesale dealer” means any person, including a wholesale dealer’s agent, that sells cigarettes to retail dealers or other persons for resale, including any person that owns, operates, or maintains one or more cigarette vending machines in the District of Columbia.

(May 13, 2008, D.C. Law 17-157, § 2, 55 DCR 3703.)

Section 9 of D.C. Law 17-157 provided that sections 2 through 7 shall apply as of July 1, 2008.