(1) "Consumer" means an individual who is not a licensed distributor of tobacco or a licensed tobacco retailer.
(2) "Delivery sale":
(a) Means a sale of tobacco to a consumer in this state in which:
(A) The purchaser submits the order for the sale by means of a telephone or other method of voice transmission, a delivery service or the Internet or other online service; or
(B) The tobacco is delivered by use of a delivery service.
(b) Includes any sale of tobacco described in paragraph (a) of this subsection, regardless of whether the seller is located within Indian country or is otherwise within or outside of this state.
(c) Does not include any sale to a licensed distributor or licensed tobacco retailer in this state.
(3) "Delivery service" means any person that is engaged in the commercial delivery of letters, packages or other containers.
(4) "Indian country" has the meaning given that term in 18 U.S.C. 1151.
(5) "Legal minimum purchase age" means the minimum age at which an individual may purchase tobacco in this state.
(6) "Mail" means the use of the United States Postal Service for delivery of letters, packages or other containers.
(7) "Person accepting a purchase order for a delivery sale" means a person who fills a tobacco purchase order given by a consumer and processes the order for mail, shipping or other delivery, or who contracts with another party to provide delivery service.
(8) "Purchase order" means a written or electronic document authorizing a seller to provide goods.
(9) "Sale of tobacco to a consumer" means any sale of tobacco to an individual in this state, unless the individual is licensed as a distributor or retailer of tobacco by the Department of Revenue.
(10) "Shipping container" means a container in which tobacco is packaged in connection with a delivery sale.
(11) "Shipping documents" means bills of lading, airbills or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages or other containers.
(12) "Tobacco" means cigarettes, as defined in ORS 323.010, or tobacco products, as defined in ORS 323.500. [2003 c.804 §73]
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.