227.770 Definitions for KRS 227.770 to 227.784.
404 words·~2 min read·
/ky/chapter-227/227-770A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 227.770 to 227.784:
(1)"Cigarette" means any roll for smoking, whether made wholly or in part of tobacco
or any other substance, irrespective of size or shape, and whether or not the tobacco
or substance is flavored, adulterated, or mixed with any other ingredient, the
wrapper or cover of which is made of paper or any other substance or material
except tobacco;
(2)"Manufacturer" means:
(a)Any entity which 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;
(b)The first purchaser anywhere that intends to resell in the United States
cigarettes manufactured anywhere that the original manufacturer or maker
does not intend to be sold in the United States; or
(c)Any entity that becomes a successor of an entity described in paragraphs
and
(b)of this subsection;
(3)"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. The program shall ensure that the testing repeatability remains within
the required repeatability values stated in KRS 227.772(1)(f) for all test trials used
to certify cigarettes in accordance with KRS 227.770 to 227.784;
(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 any person who sells to a consumer or to any person for any
purpose other than resale;
(6)"Sale" means:
(a)Any transfer of title or possession or both, exchange or barter, conditional or
otherwise, in any manner or by any means whatever or any agreement
therefor; and
(b)The giving of cigarettes as samples, prizes, or gifts, and the exchanging of
cigarettes for any consideration other than money;
(7)"Sell" means an act of selling, or an offer or agreement to sell; and
(8)"Wholesale dealer" means:
(a)Any person who sells cigarettes or tobacco products to retailers or other
persons for purposes of resale; and
(b)Any person who acts as a "nonresident wholesaler," "resident wholesaler," or
"unclassified acquirer" as defined in KRS 138.130, and who is authorized by
the Department of Revenue to purchase and affix tax stamps on packages of
cigarettes.