25-14-2. Definitions.

As used in this chapter, the term:

“Agent” means any person authorized by the state revenue commissioner to purchase and affix stamps on packages of cigarettes.#

“Cigarette” means:#

1. (A)

   Any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco; or#

2. (B)

   Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subparagraph (A) of this paragraph.#

“Commissioner” means the Safety Fire Commissioner.#

“Manufacturer” means:#

1. (A)

   Any entity which manufactures, makes, produces, or causes to be produced cigarettes sold in this state or cigarettes said entity intends to be sold in this state;#

2. (B)

   The first purchaser of cigarettes manufactured anywhere that intends to resell such cigarettes in this state regardless of whether the original manufacturer, maker, or producer intends such cigarettes to be sold in the United States; or#

3. (C)

   Any entity which becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph.#

“New York Fire Safety Standards for Cigarettes” means those New York Fire Safety Standards for Cigarettes in effect on April 1, 2008.#

“Quality control and quality assurance program” means the 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. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (6) of subsection (b) of Code Section 25-14-3 for all test trials used to certify cigarettes in accordance with this chapter.#

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

“Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.#

“Sale” means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever.#

“Sell” means to sell or to offer or agree to do the same.#

“Wholesale dealer” means any person that is not a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale. A wholesale dealer is also any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.#