Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.04 - Definitions

Current through June 25, 2024
As used in this Regulation, the following terms shall be
				  defined as follows:
A. "Agent" means any person authorized by the commissioner to
				  purchase and affix stamps on packages of cigarettes.
B. "Commissioner" means the Chairman of the State Tax
				  Commission of the State of Mississippi, and his authorized agents and
				  employees.
C. "State Fire Marshal" means the Commissioner of Insurance
				  and State Fire Marshal of the State of Mississippi, and his authorized agents
				  and employees.
D. "Cigarette" means:
1. Any roll of tobacco wrapped in paper or in any substance
				  not containing tobacco; or
2. Any roll of tobacco wrapped in any substance containing
				  tobacco which, 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 as described in subparagraph (i) above.
E. "Manufacturer" means:
1. 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 this state, including cigarettes
				  intended to be sold in the United States through an importer; or
2. Any entity that becomes a successor of an entity described
				  in subparagraph (i) of this paragraph.
F. "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. Such a program ensures that the testing
				  repeatability remains within the required repeatability values stated in
				  subsection (1)(f) of Section
				  45-12-5
				  for all test trials used to certify cigarettes in accordance with this
				  chapter.
G. "Repeatability" means the range of values within which the
				  repeat results of cigarette test trials from a single laboratory will fall
				  ninety-five percent (95[CENT]) of the time.
H. "Retail dealer" means any person, other than a
				  manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco
				  products.
I. "Sale" means 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 therefore. 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, are considered sales.
J. "Sell" means to sell, or to offer or agree to do the
				  same.
K. "Wholesale dealer" means any person, other than a
				  manufacturer, who sells cigarettes or tobacco products to retail dealers or
				  other persons for purposes of resale, and any person who owns, operates or
				  maintains one or more cigarette or tobacco product vending machines in, at or
				  upon premises owned or occupied by any other person.
Miss. Code Ann. §
										45-12-3
				  (Supp. 2012)