Definitions.

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As used in this article:

(1) "Board" means the South Carolina Tobacco Community Development Board.

(2) "Master Settlement Agreement" means the settlement agreement and related documents entered into on November 23, 1998, by the State and United States tobacco product manufacturers. The Master Settlement Agreement shall be transmitted by the Attorney General to the Secretary of State, maintained as a permanent record in the office of the Secretary of State, and be available as a copy or certified copy to members of the public, upon request and payment of copying costs.

(3) "Tobacco grower" means an individual or entity who, during a base period established by the board, was one or more of the following:

(a) the principal producer of tobacco for use in cigarettes on a farm where tobacco was produced pursuant to a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281. This definition may include an operator, tenant, or sharecropper who shared in the risk of producing a crop and who was entitled to share in the revenues derived from marketing the cigarette tobacco crop from the farm;

(b) a producer who owned a farm that produced tobacco for use in cigarettes pursuant to a lease and transfer to that farm of all or a part of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281.

(c) a producer who rented farm land to produce tobacco for use in cigarettes under a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281.

(d) In the event of the death of a "tobacco grower", "tobacco grower" also shall include the estate, any trust for family members, and any successors in interest of the tobacco grower" as established to the satisfaction of the board.

(4) "Tobacco quota owner" means the owner of record of a tobacco farm marketing quota or farm acreage allotment established under the Agricultural Adjustment Act of 1938, 7 U.S.C. Section 1281, during a base period established by the board.

In the event of the death of a "tobacco quota owner", "tobacco quota owner" also shall include the estate, any trust for family members, and any successors in interest of the "tobacco quota owner" as established to the satisfaction of the board.

(5) "Trust" means the National Tobacco Grower Settlement Trust.

HISTORY: 1999 Act No. 77, Section 1, eff June 11, 1999.


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