47-18-2002 - Definitions. - Tennessee Statutes

47-18-2002. Definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Cigarette retailer” means each and every cigarette vending machine, place, store, booth, concession, truck, vehicle or person that in any way sells or makes available cigarettes or cigarette products directly or indirectly to the ultimate consumer;

     (2)  “Tobacco product manufacturer” means an entity that, after May 4, 1999, directly (and not exclusively through any affiliate):

          (A)  Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer as that term is defined in the master settlement agreement) that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States;

          (B)  Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

          (C)  Becomes a successor of an entity described in subdivision (2)(A) or (B); and

     (3)  “Tobacco product manufacturer” does not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within subdivision (2)(A), (B) or (C).

[Acts 1999, ch. 111, § 3.]