North Dakota Code 18-13-01 – Definitions
(Contingent expiration date – See note) In this chapter, unless the context otherwise requires:
Terms Used In North Dakota Code 18-13-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Agent” means any person authorized by the insurance commissioner to purchase or sell packages of cigarettes.
2. “Cigarette” means any roll for smoking made wholly or in part of tobacco and encased in any material except tobacco.
3. “Manufacturer” means:
a. Any person that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced which the person intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; b. The first purchaser that intends to resell in the United States cigarettes manufactured that the original manufacturer or maker does not intend to be sold in the United States; or
c. Any person that becomes a successor of a person described in subdivision a or b.
4. “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 and to ensure that the testing repeatability remains within the required repeatability values stated in subdivision f of subsection 1 of section 18-13-02 for all test trials used to certify cigarettes in accordance with this chapter.
5. “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.
6. “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
7. “Sale” means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement to do the same. The term includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money.
8. “Sell” means to sell or to offer or agree to sell.
9. “Wholesale dealer” means any person that sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person that owns, operates, or maintains a cigarette or tobacco product vending machine in, at, or upon premises owned or occupied by any other person.