2006 Ohio Revised Code - 1346.04. Definitions.

§ 1346.04. Definitions.
 

As used in this section and sections 1346.05 to 1346.10 of the Revised Code: 

(A) "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 any 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. 

(B) "Cigarette," "Master Settlement Agreement," "qualified escrow fund," "tobacco product manufacturer," and "units sold" have the same meanings as in section 1346.01 of the Revised Code. 

(C) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer. 

(D) "Participating manufacturer" means a participating manufacturer as that term is defined in section II(jj) of the Master Settlement Agreement and all amendments to that agreement. 

(E) "Stamping agent" means a person who is authorized to affix tax stamps to packages or other containers of cigarettes under section 5743.03 of the Revised Code or a person who is required to pay the excise tax imposed on cigarettes and other tobacco products under sections 5743.03 and 5743.51 of the Revised Code. 
 

HISTORY: 150 v H 95, § 1, eff. 9-26-03.
 

The provisions of § 165, H.B. 95 (150 v  - ), read as follows: 

SECTION 165. (A) If a court finds that any provisions within sections 1346.04 to 1346.10 of the Revised Code conflict and cannot be harmonized with those within sections 1346.01 to 1346.03 of the Revised Code, provisions of sections 1346.01 to 1346.03 of the Revised Code shall control. 

(B) If any provision within sections 1346.04 to 1346.10 of the Revised Code causes sections 1346.01 to 1346.03 of the Revised Code to no longer constitute a qualifying or model statute, as those terms are defined in the Master Settlement Agreement entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers, the provision in question shall be invalid. If any part of sections 1346.04 to 1346.10 of the Revised Code is for any reason held to be invalid, unlawful, or unconstitutional, the remaining portions of those sections shall remain valid. 

The effective date is set by section 179 of H.B. 95 (150 v  - ).