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227.770 Definitions for KRS 227.770 to 227.784.
As used in KRS 227.770 to 227.784: <br>(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 <br>or substance is flavored, adulterated, or mixed with any other ingredient, the <br>wrapper or cover of which is made of paper or any other substance or material <br>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 <br>intends to be sold in this state, including cigarettes intended to be sold in the <br>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 <br>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 <br>methodological errors, and equipment-related problems do not affect the results of <br>the testing. The program shall ensure that the testing repeatability remains within <br>the required repeatability values stated in KRS 227.772(1)(f) for all test trials used <br>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 <br>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 <br>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 <br>(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 <br>the Department of Revenue to purchase and affix tax stamps on packages of <br>cigarettes.
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Effective: April 1, 2008 <br>History: Created 2007 Ky. Acts ch. 70, sec. 1, effective April 1, 2008. <br>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 <br>'nonresident wholesale,' 'resident wholesaler,' or 'unclassified acquirer' as defined in <br>KRS 138.130 . . ." KRS 138.130 defines "nonresident wholesaler," resident <br>wholesaler," and "unclassified acquirer." Pursuant to KRS 7.136(1)(h), the Reviser of <br>Statutes has changed "nonresident wholesale" to "nonresident wholesaler" in <br>subsection (8)(b) of this section during codification to correct this manifest clerical or <br>typographical error.
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