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227.770 Definitions for KRS 227.770 to 227.784.
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
(a) 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.
Effective:April 1, 2008
History: Created 2007 Ky. Acts ch. 70, sec. 1, effective April 1, 2008.
Legislative Research Commission Note (4/1/2008). 2007 Ky. Acts ch. 70, sec. 1.
subsec. (8) defines "wholesale dealer," in part, as "any person who acts as a
'nonresident wholesale,' 'resident wholesaler,' or 'unclassified acquirer' as
defined in KRS 138.130 . . ." KRS 138.130 defines "nonresident wholesaler,"
resident wholesaler," and "unclassified acquirer." Pursuant to KRS 7.136(1)(h),
the Reviser of Statutes has changed "nonresident wholesale" to "nonresident
wholesaler" in subsection (8)(b) of this section during codification to correct this
manifest clerical or typographical error.
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