50-6a07. Additional definitions.

50-6a07

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION
Article 6a.--REQUIREMENTS FOR SALE OF CIGARETTES

      50-6a07.   Additional definitions.As used in this act:

      (a)   "Act" means the provisions of K.S.A. 50-6a01 through 50-6a06, andamendments thereto, and the provisions of K.S.A. 2009 Supp. 50-6a07 through50-6a21, and amendmentsthereto.

      (b)   "Brand family" means all styles of cigarettes sold under the sametrademark and differentiated from one another by means of additional modifiersor descriptors, including, but not limited to, "menthol," "lights," "kings,"and "100s," and includes any brand name (alone or in conjunction with any otherword), trademark, logo, symbol, motto, selling message, recognizable pattern ofcolors or any other indicia of product identification identical, similar to oridentifiable with a previously known brand of cigarettes.

      (c)   "Cigarette" has the same meaning given that term in subsection (d) ofK.S.A. 50-6a02, and amendments thereto.

      (d)   "Director" means the director of taxation.

      (e)   "Master settlement agreement" has the same meaning given that term insubsection (e) of K.S.A. 50-6a02, and amendments thereto.

      (f)   "Non-participating manufacturer" means any tobacco product manufacturerthat is not a participating manufacturer.

      (g)   "Participating manufacturer" has the meaning given that term insubsection (i)(1) of K.S.A. 50-6a02, and amendments thereto.

      (h)   "Qualified escrow fund" has the same meaning given that term insubsection (f) of K.S.A. 50-6a02, and amendments thereto.

      (i)   "Resident agent" means a domestic corporation, a domestic limitedpartnership,a domestic limited liability company or a domestic business trust or a foreigncorporation, a foreign limited partnership, a foreign limited liability companyor a foreign business trust authorized to transact business in this state, andwhich is generally open during regular business hours to accept service ofprocess on behalf of a non-participating manufacturer.

      (j)   "Retail dealer" has the same meaning given that term in subsection (q) ofK.S.A. 79-3301, and amendments thereto.

      (k)   "Stamping agent" means a person who is authorized to affix tax indicia topackages of cigarettes pursuant to K.S.A. 79-3311, and amendments thereto, orany person who is required to pay the tax on the privilege of selling ordealing in roll-your-own tobacco products pursuant toK.S.A. 79-3371, and amendments thereto.

      (l)   "Tax indicia" has the same meaning given that term in subsection (u) ofK.S.A. 79-3301, and amendments thereto.

      (m)   "Tobacco product manufacturer" has the same meaning given that term insubsection (i) of K.S.A. 50-6a02, and amendments thereto.

      (n)   "Units sold" has the same meaning given that term in subsection (j) ofK.S.A. 50-6a02, and amendments thereto.

      (o)   "Vending machine operator" has the same meaning given that term insubsection (y) of K.S.A. 79-3301, and amendments thereto.

      History:   L. 2009, ch. 110, § 1; July 1.