A manufacturer that certifies its cigarettes in accordance with section 3739.07 of the Revised Code shall provide a copy of the certifications to each wholesale dealer and agent to which the manufacturer sells cigarettes and shall provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to section 3739.06 of the Revised Code for each retail dealer to which the wholesale dealer or agent sells cigarettes. Each wholesale dealer and agent who receives a copy of a manufacturer’s certification and copies of the manufacturer’s illustration shall provide to each retail dealer to which the wholesale dealer and agent sell the manufacturer’s cigarettes a copy of the illustration provided to the wholesale dealer or agent by the manufacturer. A wholesale dealer, agent, or retail dealer shall allow the state fire marshal, the tax commissioner, and the attorney general to inspect the markings of cigarette packaging marked in accordance with section 3739.06 of the Revised Code.

Terms Used In Ohio Code 3739.10

  • Agent: means any person licensed by a county auditor or the tax commissioner to purchase and affix adhesive or meter stamps on packages of cigarettes pursuant to Chapter 5743. See Ohio Code 3739.01
  • Manufacturer: means either of the following:

    (1) Any entity or the entity's successor that, in any location, manufactures or otherwise produces cigarettes, or causes cigarettes to be manufactured or produced, that the entity intends to be sold in this state, including, but not limited to, cigarettes intended to be sold in the United States through an importer;

    (2) Any entity or the entity's successor that meets both of the following criteria:

    (a) Purchases cigarettes, in any location, from a second entity that manufactures or otherwise produces cigarettes in any location when that second entity does not intend that the cigarettes it manufactures be sold in the United States;

    (b) Intends to resell the cigarettes described in division (D)(2)(a) of this section in the United States. See Ohio Code 3739.01

  • state: means the state of Ohio. See Ohio Code 1.59
  • Wholesale dealer: means either of the following persons:

    (1) A person, other than a manufacturer, who sells cigarettes to retail dealers or other persons for purposes of resale;

    (2) A person who owns, operates, or maintains one or more cigarette vending machines upon premises owned or occupied by any other person. See Ohio Code 3739.01

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