Section 320.350

Title XXI PUBLIC SAFETY AND MORALS

Chapter 320

Effective - 01 Jan 2011, see footnote   

  320.350.  Title of law — definitions. — 1.  Sections 320.350 to 320.374 shall be known and may be cited as the "Fire Safety Standard and Firefighter Protection Act".

  2.  As used in sections 320.350 to 320.374, the following terms shall mean:

  (1)  "Cigarette", an item manufactured of tobacco or any substitute therefor, wrapped in paper or any substitute therefor, weighing not to exceed three pounds per one thousand cigarettes and which is commonly classified, labeled or advertised as a cigarette;

  (2)  "Department", the department of revenue;

  (3)  "Manufacturer", any person engaged in the manufacture or production of cigarettes;

  (4)  "Quality control and quality assurance program", 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 shall ensure that the testing repeatability remains within the required repeatability values stated in subdivision (6) of subsection 1 of section 320.353 for all test trials used to certify cigarettes in accordance with sections 320.350 to 320.374;

  (5)  "Repeatability", the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;

  (6)  "Retailer", any person who sells to a consumer or to any person for any purpose other than resale;

  (7)  "Sale", in this instance is defined to be and declared to include sales, barters, exchanges and every other manner, method and form of transferring the ownership of personal property from one person to another;

  (8)  "Sell", to sell, or offer or agree to do the same;

  (9)  "Wholesaler", any person, firm, or corporation organized and existing, or doing business, primarily to sell cigarettes or tobacco products to, and render service to, retailers in the territory the person, firm, or corporation chooses to serve; that purchases cigarettes or tobacco products directly from the manufacturer; that carries at all times at his or its principal place of business a representative stock of cigarettes or tobacco products for sale; and that comes into the possession of cigarettes or tobacco products for the purpose of selling them to retailers or to persons outside or within the state who might resell or retail the cigarettes or tobacco products to consumers.  This shall include any manufacturer, jobber, broker, agent, or other person, whether or not enumerated in this chapter, who so sells or so distributes cigarettes or tobacco products.

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(L. 2009 H.B. 205)

Effective 1-01-11

Contingent termination date, see section 320.374