§ 23-20.11-3 - Definitions.
SECTION 23-20.11-3
§ 23-20.11-3 Definitions. – The following terms shall have the following meanings as used in this chapter:
(1) "Agent" shall mean any person authorized by the state topurchase and affix tax stamps on packages of cigarettes.
(2) "Cigarette" shall mean any roll for smoking whether madewholly or in part of tobacco or any other substance, irrespective of size orshape and whether or not such tobacco or substance is flavored, adulterated ormixed with any other ingredient, the wrapper or cover of which is made of paperor any other substance or material except tobacco, and that because of itssize, appearance, the type of tobacco used in its filler, or its packaging orlabeling, is likely to be offered to, or purchased by, consumers as a cigaretteor cigarette equivalent.
(3) "Director" shall mean the director of the Rhode Islanddepartment of health.
(4) "Manufacturer" shall mean:
(i) Any entity which manufacturers or otherwise producescigarettes or causes cigarettes to be manufactured or produced anywhere thatsuch manufacturer intends to be sold in this state, including cigarettesintended to be sold in the United States through an importer; or
(ii) The first purchaser anywhere that intends to resell inthe United States cigarettes manufactured anywhere that the originalmanufacturer or maker does not intend to be sold in the United States; or
(iii) Any entity that becomes a successor of an entitydescribed in paragraph (a) or (b) of this subdivision.
(5) "Repeatability" shall mean the range of values withinwhich the repeat results of cigarette test trails from a single laboratory willfall ninety-five percent (95%) of the time.
(6) "Retail dealer" shall mean any person other than amanufacturer or wholesale dealer engaged in selling cigarettes or tobaccoproducts.
(7) "Sale" shall mean any transfer of title or possession orboth, exchange or barter, conditional or otherwise, in any manner or by anymeans whatever or any agreement therefor. In addition to cash and credit sales,the giving of cigarettes as samples, prizes or gifts, and the exchanging ofcigarettes for any consideration other than money are considered sales.
(8) "Sell" shall mean to sell, or to offer or agree to do thesame.
(9) "Quality control and quality assurance program" shallmean the laboratory procedures implemented to ensure that operator bias,systematic and nonsystematic methodological errors, and equipment-relatedproblems do not affect the results of the testing. This program ensures thatthe testing repeatability remains within the required repeatability valuesstated in subsection 23-20.11-4(a) of this act for all test trials used tocertify cigarettes in accordance with this law.
(10) "Wholesale dealer" shall mean any person who sellscigarettes or tobacco products to retail dealers or other persons for purposesof resale, and any person who owns, operates or maintains one or more cigaretteor tobacco product vending machines in, at or upon premises owned or occupiedby any other person.