8 Colo. Code Regs. § 1507-52-2

Current through Register Vol. 47, No. 20, October 25, 2024

Section 8 CCR 1507-52-2 - DEFINITIONS

2.1. "Administrator" means the state fire suppression administrator, who shall be the Director of the Division of Fire Prevention & Control, under the Department of Public Safety, or the designee of such Director.

2.2. "Agent" means a person licensed by the Department of Revenue to purchase and affix adhesive or meter stamps on packages of cigarettes.

2.3. "ASTM International" means the American Society for Testing and Materials or its successor organization.

2.4. "Brand Family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol", , "kings", and "100s", and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

2.5. "Cigarette" means any roll for smoking, whether made wholly or partly of tobacco or any other substance, irrespective of size or shape, and whether or not such tobacco or substance is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.

2.6. "Consumer testing" means an assessment of cigarettes that is conducted by, or under the control and direction of, a manufacturer for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.

2.7. "Manufacturer" means any one or more of the following:

2.7.1. An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured with the intent that such cigarettes be sold in Colorado, regardless of where the cigarettes are manufactured or produced and regardless of whether they are imported from outside the United States;

2.7.2. The first purchaser anywhere that intends to resell, in the United States, cigarettes manufactured anywhere that the original manufacturer or producer does not intend to be sold in the United States; or

2.7.3. An entity that becomes a successor to an entity described in paragraph 2.7.1 or 2.7.2.

2.8. "Quality control and quality assurance program" means a set of laboratory procedures implemented to ensure that:

2.8.1. Operator bias, systematic and nonsystematic methodological errors, and equipment- related problems do not affect the results of cigarette testing; and

2.8.2. The testing repeatability remains within the required repeatability values stated in Section 24-33.5-1214 (2) (a) (II) (F), C.R.S., for all test trials used to certify cigarettes in accordance with section 24-33.5-1214 (3), C.R.S.

2.9. "Repeatability", with respect to a cigarette test trial, refers to 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.

2.10. "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.

2.11. "Sale" means any transfer of title, possession, or both, or exchange or barter, conditional or otherwise, in any manner or by any means or any agreement. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales.

2.12. "Sell" means to sell or to offer or agree to sell.

2.13. "UPC Symbol" means the symbol signifying the Universal Product Code.

2.14. "Wholesale dealer" means:

2.14.1. Any person, other than a manufacturer, who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; and

2.14.2. Any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.

8 CCR 1507-52-2

45 CR 23, December 10, 2022, effective 12/30/2022

46 CR 19, October 10, 2023, effective 10/30/2023