41-2170. 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 41-2170.01, 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 per cent 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.
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