(1) "Cigarette" means a roll for smoking:
(a) That is made wholly of tobacco, or of tobacco and any other substance, regardless of size, shape or flavoring or adulteration by or mixing with other ingredients, the wrapper of which is made of paper or other nontobacco materials; and
(b) That, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.
(2) "Distribute" means to do any of the following:
(a) Sell cigarettes or deliver cigarettes for sale by another person to consumers.
(b) Receive or retain more than 199 cigarettes at a place of business where the person receiving or retaining the cigarettes customarily sells cigarettes or offers cigarettes for sale to consumers.
(c) Place cigarettes in vending machines.
(d) Sell or accept orders for cigarettes that are to be transported from a point outside this state to a consumer within this state.
(e) Buy cigarettes directly from a manufacturer or wholesale dealer for resale in this state.
(f) Give cigarettes as a sample, prize, gift or other promotion.
(3) "Manufacturer" means:
(a) An entity that produces, or causes the production of, cigarettes for sale in this state;
(b) An importer or first purchaser of cigarettes that intends to resell within this state cigarettes that were produced for sale outside this state; or
(c) A successor to an entity, importer or first purchaser described in paragraph (a) or (b) of this subsection.
(4) "Packaging" includes, but is not limited to, cigarette soft packs, boxes, cartons and cases.
(5) "Quality control and assurance program" means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of testing.
(6) "Reduced ignition propensity" means meeting the fire safety performance standard described in ORS 476.770 (6).
(7) "Repeatability" means the range of values within which the repeat results of ignition propensity testing by a single laboratory will fall 95 percent of the time.
(8) "Retail dealer" means a person, other than a manufacturer or wholesale dealer, that engages in distributing cigarettes.
(9) "Sell" means to transfer, or agree to transfer, title or possession for a monetary or nonmonetary consideration.
(10) "Variety" means a type of cigarette marketed by the manufacturer as being distinct from other types of cigarettes on the basis of brand name, length, filter, wrapping, flavoring or other characteristics as the State Fire Marshal may provide by rule.
(11) "Wholesale dealer" means a person that distributes cigarettes to:
(a) A retail dealer or other person for resale; or
(b) A person that owns, operates or maintains cigarette vending machines on premises owned or operated by another person. [2007 c.34 §1]
Note: 476.755 to 476.806 and 476.995 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 476 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.