(a)For the purposes of this act unless the context
otherwise requires:
(i)"Agent" means any person authorized by the
department of revenue to purchase and affix stamps on packages
of cigarettes;
(ii)"Cigarette" means:
(A)Any roll of tobacco wrapped in paper or in
any substance not containing tobacco. "Cigarette" includes any
roll or tube of tobacco, or product derived from tobacco, that
is produced by a machine on the premises of a retail dealer or a
wholesale dealer; or
(B)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
as described in subparagraph (A) of this paragraph.
(iii)"Manufacturer" means:
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(a) For the purposes of this act unless the context
otherwise requires:
(i) "Agent" means any person authorized by the
department of revenue to purchase and affix stamps on packages
of cigarettes;
(ii) "Cigarette" means:
(A) Any roll of tobacco wrapped in paper or in
any substance not containing tobacco. "Cigarette" includes any
roll or tube of tobacco, or product derived from tobacco, that
is produced by a machine on the premises of a retail dealer or a
wholesale dealer; or
(B) 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
as described in subparagraph (A) of this paragraph.
(iii) "Manufacturer" means:
(A) Any entity that manufactures cigarettes or
causes the manufacture of cigarettes that are intended for sale
in this state including cigarettes intended to be sold in the
United States through an importer;
(B) Any successor of any entity described in
subparagraph (A) of this paragraph.
(iv) "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 testing. A quality control program shall ensure that testing
repeatability remains within the required repeatability values
stated in W.S. 35-9-803(a)(vi) for all test trials used to
certify cigarettes in accordance with this act;
(v) "Repeatability" means the range of values within
which the repeat results of test trials from a single laboratory
must fall ninety-five percent (95%) of the time;
(vi) "Retail dealer" means any person, other than a
manufacturer or wholesale dealer, engaged in selling cigarettes
or tobacco products;
(vii) "Sale" means any transfer of title or
possession, exchange or barter in any manner, by any means, or
by any agreement, including cash and credit sales, giving of
cigarettes as samples, prizes or gifts, and the exchange of
cigarettes for any consideration other than money;
(viii) "Sell" means to sell, or to offer or agree to
do the same;
(ix) "Wholesale dealer" means any person other than a
manufacturer who sells cigarettes or tobacco products to retail
dealers or others for resale and any person who owns, operates
or maintains one (1) or more cigarette or tobacco product
vending machines upon premises owned or occupied by any other
person;
(x) "This act" means W.S. 35-9-801 through 35-9-811.