Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter, shall
				have the following meaning:
"Act"
means the Fire Safety Standard and
				Firefighter Protection Act.
"Agent"
means any person licensed by the Oklahoma
				Tax Commission to purchase and affix adhesive or meter stamps on packages of
				cigarettes.
"Cigarette"
means any roll for smoking, whether
				made wholly or in part of tobacco or any other substance, irrespective of size
				or shape, and whether or not such tobacco or substance is flavored,
				adulterated, or mixed with any other ingredient, if the wrapper or cover is in
				greater part made of paper or any other substance or material except
				tobacco.
"Manufacturer"
means any entity that manufactures
				or otherwise produces cigarettes or causes cigarettes to be manufactured or
				produced anywhere that the manufacturer intends to be sold in this State,
				including cigarettes intended to be sold in the United States through an
				importer; 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 any entity that becomes a
				successor of an entity described above.
"OSFM"
means the Office of the Oklahoma State Fire
				Marshal.
"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 Section 40-1-3(e) of this Part for all test trials used to certify
				cigarettes in accordance with the Act.
"Repeatability"
means 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"
means any person, other than a
				manufacturer or wholesale dealer, engaged in selling cigarettes.
"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.
"Sell"
means to sell or to offer or agree to
				sell.
"Wholesale Dealer"
means any person who sells
				cigarettes to retail dealers or other persons for purposes of resale, and any
				person who owns, operates or maintains one or more cigarette vending machines
				in, at or upon premises owned or occupied by any other
				person.
Added at 26 Ok Reg 522,
				eff 1-2-09 through 7-14-09 (emergency)1; Added at 27
				Ok Reg 834, eff 4-25-10
1This emergency action expired
				without being superseded by a permanent action. Upon expiration of an emergency
				action enacting a new Section, the Section is no longer effective. Therefore,
				on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section
				265:40-1-2 was no longer effective, and remained as such until added by
				permanent action on 4-25-10. For the official text of the emergency rule that
				was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg
				522.