[§132C-2]  Definitions.  For thepurposes of this chapter, unless the context otherwise requires:

"Cigarette" means:

(1)  Any roll for smoking, whether made wholly or inpart of tobacco or any other substance, irrespective of size or shape, andwhether or not the tobacco or substance is flavored, adulterated, or mixed withany other ingredient, with a wrapper or cover that is made of paper or anyother substance or material, other than tobacco; or

(2)  Any roll for smoking wrapped in any substancecontaining tobacco, which, due to its appearance, the type of tobacco used inthe filler, or its packaging and labeling, is likely to be offered to orpurchased by consumers as a cigarette as described in paragraph (1).

"Dealer" means the same as defined insection 245-1.

"Manufacturer" means:

(1)  Any entity that manufactures or otherwiseproduces cigarettes or causes cigarettes to be manufactured or producedanywhere, and intends to sell these cigarettes:

(A)  In this State; or

(B)  Anywhere in the United States through animporter;

(2)  The first purchaser anywhere that intends toresell in the United States cigarettes manufactured anywhere that the originalmanufacturer or maker does not intend to be sold in the United States; or

(3)  Any entity that becomes a successor of an entitydescribed in paragraph (1) or (2).

"Quality control and quality assuranceprogram" means laboratory procedures implemented to ensure that operatorbias, systematic and nonsystematic methodological errors, and equipment-relatedproblems do not affect the results of the testing and to ensure that thetesting repeatability remains within the required repeatability value for anytest trial used to certify cigarettes under this chapter.

"Repeatability" means the range ofvalues within which the repeat results of cigarette test trials from a singlelaboratory will fall ninety-five per cent of the time.

"Sale" or "selling" meansany transfer of title or possession, exchange, or barter, conditional orotherwise, and includes the giving of cigarettes as samples, prizes, or gifts,and the exchange of cigarettes for any consideration.

"Wholesaler" means the same asdefined in section 245-1. [L 2008, c 218, pt of §1]