§ 51-25-01 — Definitions

1. "Adjusted for inflation" means increased in accordance with the formula for inflation
adjustment set forth in exhibit C to the master settlement agreement.
2. "Affiliate" means a person who directly or indirectly owns or controls, is owned or
controlled by, or is under common ownership or control with, another person. Solely for
purposes of this definition, the terms "owns", "is owned", and "ownership" mean
ownership of an equity interest, or the equivalent thereof, of ten percent or more, and
the term "person" means an individual, partnership, committee, association,
corporation, or any other organization or group of persons.
3. "Allocable share" means allocable share as that term is defined in the master
settlement agreement.
4. "Cigarette" means any product that contains nicotine, is intended to be burned or
heated under ordinary conditions of use, and consists of or contains:
a. Any roll of tobacco wrapped in paper or in any substance not containing tobacco;
b. Tobacco, in any form, that is functional in the product, which, 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; or
c. Any roll of tobacco wrapped in any substance containing tobacco which, 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
described in subdivision a.
The term "cigarette" includes "roll-your-own", which means any tobacco that, because
of its appearance, type, packaging, or labeling is suitable for use and likely to be
offered to, or purchased by, consumers as tobacco for making cigarettes. For
purposes of this definition of "cigarette", 0.09 ounces [2.556 grams] of "roll-your-own"
tobacco constitutes one individual "cigarette".
5. "Master settlement agreement" means the settlement agreement and related
documents entered on November 23, 1998, by the state and leading United States
tobacco product manufacturers.
6. "Qualified escrow fund" means an escrow arrangement with a federally or state
chartered financial institution having no affiliation with any tobacco product
manufacturer and having assets of at least one billion dollars if the arrangement
requires that the financial institution hold the escrowed funds' principal for the benefit
of releasing parties and prohibits the tobacco product manufacturer placing the funds
into escrow from using, accessing, or directing the use of the funds' principal except as
consistent with subdivision b of subsection 2 of section 51-25-02.
7. "Released claims" means released claims as that term is defined in the master
settlement agreement.
8. "Releasing parties" means releasing parties as that term is defined in the master
settlement agreement.
9. "Tobacco product manufacturer" means an entity that after April 8, 1999, directly, and
not exclusively through any affiliate:
a. Manufactures cigarettes anywhere that the manufacturer intends to be sold in the
United States, including cigarettes intended to be sold in the United States
through an importer (except when the importer is an original participating
manufacturer, as that term is defined in the master settlement agreement, which
will be responsible for the payments under the master settlement agreement with
respect to such cigarettes as a result of the provisions of subsection II(mm) of the
master settlement agreement and which pays the taxes specified in
subsection II(z) of the master settlement agreement, and provided that the
manufacturer of such cigarettes does not market or advertise the cigarettes in the
United States);

b. Is the first purchaser anywhere for resale in the United States of cigarettes
manufactured anywhere which the manufacturer does not intend to be sold in the
United States; or
c. Becomes a successor of an entity described in subdivision a or b.
The term "tobacco product manufacturer" does not include an affiliate of a tobacco
product manufacturer unless the affiliate itself falls within subdivision a, b, or c.
10. "Units sold" means the number of individual cigarettes sold in the state by the
applicable tobacco product manufacturer, whether directly or through a distributor,
retailer, or similar intermediary or intermediaries, during the year in question, on which
the state has authority under federal and state law to collect excise tax under chapter
57-36, notwithstanding whether the state excise tax was imposed or collected.
Cigarettes exempt from state excise tax under federal law are specifically excluded
from this definition. The state tax commissioner shall adopt rules as are necessary to
ascertain the amount of state excise tax paid on the cigarettes of the tobacco product
manufacturer for each year.