320.350. Title of law--definitions.
Title of law--definitions.
320.350. 1. Sections 320.350 to 320.374 shall be known and may becited as the "Fire Safety Standard and Firefighter Protection Act".
2. As used in sections 320.350 to 320.374, the following terms shallmean:
(1) "Cigarette", an item manufactured of tobacco or any substitutetherefor, wrapped in paper or any substitute therefor, weighing not toexceed three pounds per one thousand cigarettes and which is commonlyclassified, labeled or advertised as a cigarette;
(2) "Department", the department of revenue;
(3) "Manufacturer", any person engaged in the manufacture orproduction of cigarettes;
(4) "Quality control and quality assurance program", the laboratoryprocedures implemented to ensure that operator bias, systematic andnonsystematic methodological errors, and equipment-related problems do notaffect the results of the testing. Such a program shall ensure that thetesting repeatability remains within the required repeatability valuesstated in subdivision (6) of subsection 1 of section 320.353 for all testtrials used to certify cigarettes in accordance with sections 320.350 to320.374;
(5) "Repeatability", the range of values within which the repeatresults of cigarette test trials from a single laboratory will fallninety-five percent of the time;
(6) "Retailer", any person who sells to a consumer or to any personfor any purpose other than resale;
(7) "Sale", in this instance is defined to be and declared to includesales, barters, exchanges and every other manner, method and form oftransferring the ownership of personal property from one person to another;
(8) "Sell", to sell, or offer or agree to do the same;
(9) "Wholesaler", any person, firm, or corporation organized andexisting, or doing business, primarily to sell cigarettes or tobaccoproducts to, and render service to, retailers in the territory the person,firm, or corporation chooses to serve; that purchases cigarettes or tobaccoproducts directly from the manufacturer; that carries at all times at hisor its principal place of business a representative stock of cigarettes ortobacco products for sale; and that comes into the possession of cigarettesor tobacco products for the purpose of selling them to retailers or topersons outside or within the state who might resell or retail thecigarettes or tobacco products to consumers. This shall include anymanufacturer, jobber, broker, agent, or other person, whether or notenumerated in this chapter, who so sells or so distributes cigarettes ortobacco products.
(L. 2009 H.B. 205)Effective 1-01-11