As used in the Fire Safety Standard and Firefighter Protection Act:

1. “Agent” means any person authorized by the Tax Commission to purchase and affix stamps on packages of cigarettes;

2. “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 such tobacco or substance is flavored, adulterated or mixed with any other ingredient, if the wrapper is in greater part made of any material except tobacco;

3. “Manufacturer” means:

a.any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer, or

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 subparagraph a or b of this paragraph;

4. “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. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph 6 of subsection B of Section 3 of this act for all test trials used to certify cigarettes in accordance with this act;

5. “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;

6. “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes;

7. “Sale” means 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. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales;

8. “Sell” means to sell, or to offer or agree to do the same;

9. “Tax Commission” means the Oklahoma Tax Commission; and

10. “Wholesale dealer” means any person other than a manufacturer who sells cigarettes to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains one or more cigarette vending machines in, at or upon premises owned or occupied by any other person.

Added by Laws 2008, c. 155, § 2, eff. Jan. 1, 2009.