837-035-0040 Definitions For the purpose of these rules, the following definitions apply to OAR 837-035-0000 through 837-035-0340: (1) “Authorized Representative of the State Fire Marshal” means an employee of the State Fire Marshal, as well as Assistants to the State Fire Marshal as defined in ORS 476.060. (2) “Cigarette” means a roll for smoking: (a) That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is made of paper or other non tobacco materials; and (b) That, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette. (3) “Distribute” means to do any of the following: (a) Sell cigarettes or deliver cigarettes for sale by another person to consumers; (b) Receive or retain more than 199 cigarettes at a place of business where the person receiving or retaining the cigarettes customarily sells cigarettes or offers cigarettes for sale to consumers; (c) Place cigarettes in vending machines; (d) Sell or accept orders for cigarettes to be transported from a point outside this state to a consumer within this state; (e) Buy cigarettes directly from a manufacturer or wholesale dealer for resale in this state; (f) Give cigarettes as a sample, prize, gift or other promotion. (4) “Fire standard compliant” (FSC) cigarette means a cigarette that has been tested and meets the fire safety performance standard described in ORS 476.770. (5) “Manufacturer” means: (a) Any entity that produces, or causes the production of, cigarettes for sale in this state; (b) An importer or first purchaser of cigarettes that intends to resell within this state cigarettes that were produced for sale outside this state; or (c) A successor to an entity, importer or first purchaser described in paragraph (a) or (b) of this subsection. (6) “Packaging” means, but is not limited to, cigarette soft packs, boxes, cartons and cases. (7) “Quality control and assurance program” means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of testing. (8) “Reduced ignition propensity” means meeting the fire safety performance standard described in ORS 476.770(6), when tested as described in ORS 476.775(2). (9) “Reduced ignition propensity cigarette” means a cigarette that has been tested as described in ORS 476.775(2), and meets the fire safety performance standard described in ORS 476.770(6). (10) “Repeatability” means the range of values within which the repeat results of ignition propensity testing by a single laboratory will fall 95 percent of the time. (11) “Retail dealer” means a person, other than a manufacturer or wholesale dealer that engages in distributing cigarettes. (12) “Sell” means to transfer, or agree to transfer, title or possession for a monetary or non-monetary consideration. (13) “Transporter” means any person importing or transporting into this state, or transporting in this state, cigarettes obtained from a source located outside this state, or from any person not licensed as a distributor under ORS 323.005 to 323.482. It does not include a licensed distributor, a common carrier to whom is issued a certificate or permit by the United States Surface Transportation Board to carry commodities in interstate commerce, or to a carrier of federal tax-free cigarettes in bond, or any person transporting no more than 199 cigarettes at any one time. (14) “Variety” means a type of cigarette marketed by the manufacturer as being distinct from other types of cigarettes on the basis of brand name, length, filter, wrapping, flavoring or other characteristics. (15) “Wholesale dealer” means a person that distributes cigarettes to: (a) A retail dealer or other person for resale; or (b) A person that owns, operates or maintains cigarette vending machines on premises owned or operated by another person. Statutory/Other Authority: ORS 476 Statutes/Other Implemented: ORS 476.755 - 476.806 & 476.995 History: OSFM 3-2007, f. & cert. ef. 11-16-07 OSFM 2-2007(Temp), f. & cert. ef. 7-2-07 thru 12-28-07