Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes
				  of this Chapter, the following terms are defined.
Brand Family
-all styles of cigarettes sold
					 under the same trade mark and differentiated from one another by means of
					 additional modifiers or descriptors, including but not limited to "menthol,"
					 "lights," kings," and "100s," and includes any brand name (alone or in
					 conjunction with any other word), trademark, logo, symbol, motto, selling
					 message, recognizable pattern of colors, or any other indicia of product
					 identification identical or similar to, or identifiable with, a previously
					 known brand of cigarettes.
Dealer
- every person who manufactures or
					 purchases cigars, cigarettes, or other tobacco products for distribution or
					 resale in this state. The term also means any person who imports cigars,
					 cigarettes, or other tobacco products from any state or foreign country for
					 distribution, sale, or consumption in this state.
Exporter License
-permits wholesale dealers
					 with a valid stamping agent designation to engage in interstate business or to
					 affix the tax stamps of another state.
Knowing Violation
-the knowing or
					 intentional act of engaging in conduct without a good faith belief that the
					 conduct was consistent with the title 26 of the
Louisiana Revised
					 Statutes
.
Manufacturer
- anyone engaged in the
					 manufacture, production, or foreign importation of tobacco products who sells
					 to wholesalers.
Person
-any natural
person
, trustee, company, partnership, corporation, or other
					 legal entity.
Purchase
-acquisition in any manner, for
					 any consideration. Includes the transport or receipt of product in connection
					 with a
purchase
.
Retail Dealer
- every dealer, other than a
					 wholesale dealer, tobacconist, or manufacturer, who sells or offers for sale
					 cigars, cigarettes, or other tobacco products, irrespective of quantity or
					 number of sales.
Sale; Sell
-any transfer, exchange, or
					 barter in any manner or by any means for any consideration. Includes the
					 distribution or shipment of product in connection with a
sale
.
					 References to a
sale
"in" or "into" a state refer to the state
					 of the destination point of the product in the
sale
, without
					 regard to where title was transferred. References to
sale
"from" a state refer to the
sale
of cigarettes that are
					 located in that state to the destination in question without regard to where
					 title was transferred.
Sales Entity Affiliate
-an entity that (1)
					 sells cigarettes that it acquires directly from a manufacturer or importer and
					 (2) is affiliated with that manufacturer or importer as established by
					 documentation received directly from that manufacturer or importer to the
					 satisfaction of the attorney general. Entities are affiliated with each other
					 if one, directly or indirectly through one or more intermediaries, controls or
					 is controlled by or is under common control with the other.
Stamping Agent
-a dealer that is authorized
					 to affix tax stamps to packages or other containers of cigarettes pursuant to
					 R.S.
					 47:843 et seq., or any dealer that is
					 required to pay the excise tax or tobacco tax imposed pursuant to
					 R.S.
					 47:841 et seq., on cigarettes.
State Directory; Directory
-the
directory
compiled by the attorney general pursuant to
					 R.S.
					 13:5073, or, when referencing another
state's directory
, the
directory
compiled
					 pursuant to the similar law in that other state.
Tobacconist
- any bona fide tobacco
					 retailer engaged in receiving bulk smoking tobacco for the purpose of blending
					 such tobacco for retail sale at a particular outlet where 50 percent or more of
					 the total purchases for the preceding 12 months were purchases of tobacco
					 products, excluding cigarettes.
Vending Machine
- any mechanical, electric,
					 or electronic self-service device that, upon insertion of money, tokens, or any
					 other form of payment, automatically dispenses tobacco products.
Vending Machine Operator
- any person who
					 controls the use of one or more vending machines as to the supply of cigarettes
					 or any tobacco products in the machine or the receipts from cigarettes vended
					 through such machines.
Wholesale Dealer
- dealers whose principal
					 business is that of a wholesaler, who sells cigars, cigarettes, or other
					 tobacco products to retail dealers for purpose of resale, who is a bona fide
					 wholesaler, and 50 percent of whose total tobacco sales are to retail stores
					 other than their own or their subsidiaries within Louisiana. Wholesale dealer
					 shall include any person in the state who acquires cigarettes solely for the
					 purpose of resale in vending machines, provided such person services 50 or more
					 cigarette vending machines in Louisiana other than his own, and those Louisiana
					 dealers who were affixing cigarette and tobacco stamps as of January 1,
					 1974.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:901.