Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 14.00 - Testing, Certification, Marking And Enforcement Of Massachusetts' Fire Standard Compliant Cigarettes › Section 14.03 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
			501 CMR 14.00, the following
			words shall have the meanings respectively assigned to them:
Agent
, any person authorized by the
			commonwealth to purchase and affix tax stamps on packages of cigarettes.
ASTM
, the American Society of Testing
			and Materials.
Cigarette
, any roll for smoking
			whether made wholly or in part of tobacco or any other substance, regardless of
			size or shape and whether or not such tobacco or substance is flavored,
			adulterated or mixed with any other ingredient, the wrapper or cover of which
			is made of paper or any other substance or material except tobacco, and that,
			because of its size, appearance, the type of tobacco used in its filler, or its
			packaging or labeling, is likely to be offered to, or purchased by, consumers
			as a cigarette or cigarette equivalent.
Commissioner
, the Commissioner of the
			Department of Public Health.
Manufacturer
:
(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 commonwealth, including cigarettes
			intended to be sold in the United States through an importer;
(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
(c) any entity that becomes a successor of an entity described
			in 501 CMR 14.03:
Manufacturer
(a) or (b).
Quality Control and Quality Assurance
			Program
, the laboratory procedures implemented to ensure that
			operator bias, systematic and nonsystematic methodological errors or
			equipment-related problems do not affect the results of testing and that the
			testing repeatability remains within the required repeatability values stated
			in M.G.L. c. 64C, § 2B, clause (5)(a) for all test trials used to certify
			cigarettes in accordance with M.G.L. c. 64C, § 2C.
Repeatability
, the range of values
			within which the repeat results of cigarette test trials from a single
			laboratory will fall 95% of the time.
Retail Dealer
, any person other than a
			manufacturer or wholesale dealer engaged in selling cigarettes or tobacco
			products.
Sale
, any transfer of title or
			possession or both, exchange or barter, conditional or otherwise, in any manner
			or by any means whatever or any agreement thereof. In addition to cash and
			credit sales, the giving of cigarettes as samples, prizes or gifts, and the
			exchanging of cigarettes for any consideration other than money shall be
			considered a sale.
Secretary
, the Secretary of the
			Executive Office of Public Safety and Security.
Sell
, to sell, or to offer or agree to
			sell.
Wholesale Dealer
, any person who sells
			cigarettes or tobacco products to retail dealers or other persons for purposes
			of resale, and any person who owns, operates or maintains 1 or more cigarette
			or tobacco product vending machines in, at or upon premises owned or occupied
			by any other person or entity.