RSA 339-F:1 · Definitions

339-F:1 Definitions. – In this chapter:

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I.

"Agent" means any person licensed by the department of revenue administration to purchase and affix adhesive or meter stamps on packages of cigarettes.

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II.

"Cigarette" means any roll for smoking made wholly or in part of tobacco, and wrapped in any material except tobacco.

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III.

"Commissioner" means the commissioner of safety.

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IV.

"Manufacturer" means:

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(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 the state, including cigarettes intended to be sold in the United States through an importer; or

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(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

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(c)

Any entity which becomes a successor of an entity described in subparagraph (a) or (b).

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V.

"Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.

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VI.

"Retailer" means any person who sells tobacco products to consumers, and any vending machine in which tobacco products are sold.

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VII.

"Sale" or "sell" means any transfer, whether by bargain, gift, exchange, barter, or otherwise.

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VIII.

"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. This program ensures that the testing repeatability remains within the required repeatability values stated in RSA 339-F:3, V for all test trials used to certify cigarettes in accordance with this chapter.

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IX.

"Vending machine operator" means any person operating one or more tobacco vending machines on property or premises other than his or her own.

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X.

"Wholesaler" means any person doing business in this state who shall purchase all of his or her unstamped tobacco products directly from a licensed manufacturer, and who shall sell all of his or her products to licensed wholesalers, subjobbers, vending machine operators, retailers, and those persons exempt from the tobacco tax under RSA 78:5. Source. 2006, 195:1, eff. Oct. 1, 2007. 2019, 178:4, eff. Jan. 1, 2020.

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