§ 20-27-2103 - Definitions. [Effective January 1, 2010.] - Arkansas Statutes

20-27-2103. Definitions. [Effective January 1, 2010.]

As used in this subchapter:

(1) "Cigarette" means:

(A) A roll of tobacco wrapped in paper or in a substance not containing tobacco; or

(B) A roll of tobacco wrapped in a substance containing tobacco that 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 defined in subdivision (1)(A) of this section;

(2) "Manufacturer" means:

(A) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or

(B) An entity that is a successor of an entity defined in subdivision (2)(A) of this section;

(3) (A) "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.

(B) A "quality control and quality assurance program" ensures that the testing repeatability remains within the required repeatability values stated in 20-27-2104(b)(6) for all test trials used to certify cigarettes under this subchapter;

(4) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time;

(5) "Retailer" means a person who purchases tobacco products from a licensed wholesaler for the purpose of selling them over the counter at retail to consumers;

(6) (A) "Sale" means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement for sale.

(B) "Sale" includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money;

(7) "Sell" means to sell or to offer to do the same; and

(8) "Wholesaler" means a person who is not a manufacturer or owned or operated by a manufacturer that does business in this state at or from an established place of business that purchases unstamped or untaxed cigarettes or other tobacco products directly from manufacturers that distribute tobacco products in Arkansas and that sells to properly licensed cigarette vendors or retailers.