Montana Code 16-11-502. Definitions
16-11-502. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 16-11-502
- Department: means the department of revenue. See Montana Code 16-11-502
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- indicia: means the impression, mark, or stamp approved by the department under the provisions of this part. See Montana Code 16-11-102
- Manufacturer: means any person who fabricates tobacco products from raw materials for the purpose of resale. See Montana Code 16-11-102
- Master Settlement Agreement: has the meaning provided in 16-11-402. See Montana Code 16-11-502
- Participating manufacturer: has the meaning provided in section II(jj) of the Master Settlement Agreement defined in 16-11-402 and all amendments thereto. See Montana Code 16-11-502
- Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 16-11-102
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Tobacco product: means cigarettes and all other products containing tobacco that are intended for human consumption or use. See Montana Code 16-11-102
(1)”Brand family” means all styles of cigarettes sold under the same trademark 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 use of a 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 meaning provided in 16-11-402.
(3)”Department” means the department of revenue.
(4)”Master Settlement Agreement” has the meaning provided in 16-11-402.
(5)”Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer.
(6)”Participating manufacturer” has the meaning provided in section II(jj) of the Master Settlement Agreement defined in 16-11-402 and all amendments thereto.
(7)”Qualified escrow fund” has the meaning provided in 16-11-402.
(8)”Tobacco product manufacturer” has the meaning provided in 16-11-402.
(9)”Units sold” has the meaning provided in 16-11-402.
(10)”Wholesaler” means a person that is authorized to affix tax insignia to packages or other containers of cigarettes under 16-11-113, a person that is required to remit the tobacco tax imposed on cigarettes pursuant to 16-11-111, or a person that is required to remit the tobacco tax imposed on other tobacco products under 16-11-111(7). (Certain provisions void on occurrence of contingency–sec. 16, Ch. 397, L. 2003–see part compiler’s comment.)