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ARKANSAS STATUTES AND CODES

§ 26-57-1302 - Definitions.

26-57-1302. Definitions.

(a) "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.

(b) "Cigarette" has the same meaning as in 26-57-260(4).

(c) "Director" means the Director of Arkansas Tobacco Control.

(d) "Licensee" means any person or entity who has been granted and holds a permit or license under 26-57-215, including a wholesale cigarette license or permit, a wholesale tobacco license or permit, a salesperson's license or permit, a retail cigarette license or permit, a retail tobacco license or permit, or a dealer's license or permit.

(e) "Master Settlement Agreement" has the same meaning as in 26-57-260(5).

(f) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.

(g) "Participating manufacturer" has the meaning given that term in Section II(jj) of the Master Settlement Agreement and all amendments to the agreement.

(h) "Qualified escrow fund" has the same meaning as that term is defined in 26-57-260(6).

(i) "Tobacco product manufacturer" has the same meaning as that term is defined in 26-57-260(9).

(j) "Units sold" has the same meaning as that term is defined in 26-57-260(10)(A).

(k) "Wholesaler" means:

(1) Any person or entity who has been granted and holds a wholesale cigarette license or permit or a wholesale tobacco license or permit pursuant to 26-57-215; and

(2) Any person or entity who as a retailer purchases tobacco products directly from a manufacturer or an unlicensed wholesaler or distributor and is therefore liable for reporting and paying taxes under 26-57-211(a)(1)(B).

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