§ 10-13A-2 - Definitions
               	 		
O.C.G.A.    10-13A-2   (2010)
   10-13A-2.    Definitions 
      As used in this chapter, the term:
      (1)  "Brand  family" means all styles of cigarettes sold under the same trademark  and differentiated from one another by means of additional modifiers or  descriptors, including, but not limited to, "menthol," "lights,"  "kings," and "100s," and includes any brand name, alone or in  conjunction with any other word, trademark, logo, symbol, motto, selling  message, recognizable pattern of colors, or any other indicia of  product identification identical or similar to or identifiable with a  previously known brand of cigarettes.
      (2)  "Cigarette"  means any product that contains nicotine, is intended to be burned or  heated under ordinary conditions of use, and consists of or contains (A)  any roll of tobacco wrapped in paper or in any substance not containing  tobacco; or (B) tobacco, in any form, that is functional in the  product, 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; or (C) any roll of tobacco  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 described in clause (A) of this definition. The term  "cigarette" includes "roll-your-own" (i.e., any tobacco which, because  of its appearance, type, packaging, or labeling is suitable for use and  likely to be offered to, or purchased by, consumers as tobacco for  making cigarettes). For purposes of this definition of "cigarette," 0.09  ounces of "roll-your-own" tobacco shall constitute one individual  "cigarette."
      (3)  "Commissioner" means the state revenue commissioner.
      (4)  "Directory"  means the directory listing all tobacco product manufacturers that have  provided current and accurate certifications conforming to the  requirements of Code Section 10-13A-3 and all brand families that are  listed in such certifications developed by the Attorney General pursuant  to Code Section 10-13A-4.
      (5)  "Distributor" means any person who:
            (A)  Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on dealers; and
            (B)  Is engaged in the business of:
                  (i)  Manufacturing  cigars or cigarettes in this state, importing cigars or cigarettes into  this state, or purchasing cigars or cigarettes from other manufacturers  or distributors; and
                  (ii)  Selling  the cigars or cigarettes to dealers in this state for resale but is not  in the business of selling the cigars or cigarettes directly to the  ultimate consumer of the cigars or cigarettes.
      (6)  "Master  Settlement Agreement" means the settlement agreement (and related  documents) entered into on November 23, 1998, by the state and leading  United States tobacco product manufacturers.
      (7)  "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
      (8)  "Participating  manufacturer" has the meaning given that term in subsection II(jj) of  the Master Settlement Agreement and all amendments thereto.
      (9)  "Qualified  escrow fund" means an escrow arrangement with a federally or state  chartered financial institution having no affiliation with any tobacco  product manufacturer and having assets of at least $1 billion where such  arrangement requires that such financial institution hold the escrowed  funds' principal for the benefit of releasing parties and prohibits the  tobacco product manufacturer placing the funds into escrow from using,  accessing, or directing the use of the funds' principal except as  consistent with subparagraph (B) of paragraph (2) of Code Section  10-13-3.
      (10)  "Tobacco product manufacturer" means an entity that after April 28, 1999:
            (A)  Manufactures  cigarettes anywhere that such manufacturer intends to be sold in the  United States, including cigarettes intended to be sold in the United  States through an importer (except where such importer is an original  participating manufacturer (as that term is defined in the Master  Settlement Agreement) that will be responsible for the payments under  the Master Settlement Agreement with respect to such cigarettes as a  result of the provisions of subsection II(mm) of the Master Settlement  Agreement and that pays the taxes specified in subsection II(z) of the  Master Settlement Agreement, and provided that the manufacturer of such  cigarettes does not market or advertise such cigarettes in the United  States);
            (B)  Is the first purchaser  anywhere for resale in the United States of cigarettes manufactured  anywhere that the manufacturer does not intend to be sold in the United  States; or
            (C)  Becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph.
      The  term tobacco product manufacturer shall not include an affiliate of a  tobacco product manufacturer unless such affiliate itself falls within  subparagraphs (A) through (C) of this paragraph.
      (11)  "Units  sold" means the number of individual cigarettes sold in the state by  the applicable tobacco product manufacturer (whether directly or through  a distributor, retailer, or similar intermediary or intermediaries)  during the year in question, as measured by excise taxes collected by  the state on packs (or "roll-your-own" tobacco containers) bearing the  excise tax stamp of the state. The state revenue commissioner shall  promulgate such regulations as are necessary to ascertain the amount of  state excise tax paid on the cigarettes of such tobacco product  manufacturer for each year.