39-28-302
Definitions
As used in this part 3, unless the context otherwise requires:
(1) “Brand family” means 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.
(2) “Cigarette” has the same meaning as set forth in section
39-28-202(4) .
(3) “Department” means the department of revenue.
(4) “Master settlement agreement” has the same meaning
as set forth in section 39-28-202(5) .
(5) “Nonparticipating manufacturer” means any tobacco
product manufacturer that is not a participating manufacturer.
(6) “Participating manufacturer” has the same meaning
as set forth in section II(jj) of the master settlement agreement and
all amendments thereto.
(7) “Qualified escrow fund” has the same meaning as set
forth in section 39-28-202(6) .
(8) “Stamping agent” means a person that is authorized
to affix tax stamps to packages or other containers of cigarettes or tobacco
products under section 39-28-104 or a person that is required to pay the
tobacco products tax imposed pursuant to section 39-28.5-102 on roll-your-own
tobacco for cigarettes.
(9) “Tobacco control special fund” means a separate fund
created by this part 3, the revenues of which do not pass through the
general fund, and that will by used by the department for the enforcement
of this part 3 and the tobacco escrow funds act.
(10) “Tobacco escrow funds act” or “act” means
those provisions that are referred to as the model act in the master settlement
agreement and that are codified as part 2 of this article.
(11) “Tobacco product manufacturer” has the same meaning
as set forth in section 39-28-202(9) .
(12) “Units sold” has the same meaning as set forth in
section 39-28-202(10) .