3739.01.
Cigarette ignition propensity standards definitions
As used in this chapter:
| (A) |
"Agent" means any person licensed by a county
auditor or the tax commissioner to purchase and affix adhesive or meter stamps
on packages of cigarettes pursuant to Chapter 5743. of the Revised Code.
|
| (B) |
"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." "Brand family" includes
cigarettes sold under a brand name, whether that name is used alone or in
conjunction with any other word, trademark, logo, symbol, motto, selling
message, recognizable pattern of colors, or other indicia of product
identification identical or similar to, or identifiable with, a previous brand
of cigarettes. |
| (C) |
"Cigarettes"
has the same meaning as in division (D)(1) of section
1346.01 of the Revised Code but
does not include "roll-your-own" cigarettes as defined in division (D)(2) of
that section. |
| (D) |
"Manufacturer"
means either of the following:
| (1) |
Any entity
or the entity's successor that, in any location, manufactures or otherwise
produces cigarettes, or causes cigarettes to be manufactured or produced, that
the entity intends to be sold in this state, including, but not limited to,
cigarettes intended to be sold in the United States through an importer;
|
| (2) |
Any entity or the entity's
successor that meets both of the following criteria:
| (a) |
Purchases cigarettes, in any location,
from a second entity that manufactures or otherwise produces cigarettes in any
location when that second entity does not intend that the cigarettes it
manufactures be sold in the United States; |
| (b) |
Intends to resell the cigarettes
described in division (D)(2)(a) of this section in the United States.
|
|
|
| (E) |
"Repeatability" means the range of values within which ninety-five per cent of
the results of cigarette test trials from a single laboratory will fall.
|
| (F) |
"Retail dealer" has the same
meaning as in division (C)(1) of section
5743.01 of the Revised Code.
|
| (G) |
"Quality control and quality
assurance program" means the procedures a laboratory implements to ensure both
of the following:
| (1) |
Operator bias,
systematic and nonsystematic methodological errors, and equipment-related
problems do not affect cigarette test results. |
| (2) |
Testing repeatability remains within the
required repeatability values for all test trials used by the laboratory to
certify cigarettes in accordance with this chapter and is not greater than
0.19. |
|
| (H) |
"Sale" has
the same meaning as in section
5743.01 of the Revised Code.
|
| (I) |
"Wholesale dealer" means
either of the following persons:
| (1) |
A
person, other than a manufacturer, who sells cigarettes to retail dealers or
other persons for purposes of resale; |
| (2) |
A person who owns, operates, or maintains
one or more cigarette vending machines upon premises owned or occupied by any
other person. |
|
Cite as (Casemaker) R.C.
§ 3739.01
History. Effective Date: 2008 HB500
04-07-2009.