South Dakota § 34-49-1 - Definition of terms.

§ 34-49-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" includes cigarettes sold under a brand name, whether that name is used alone, or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern or colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarette;

(2)    "Cigarette," any roll of tobacco wrapped in paper or in any substance not containing tobacco, or 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, including cigarettes made by a roll-your-own machine as described in § 10-50-105;

(3)    "Dealer," or "retailer," any person other than a distributor or wholesaler who is engaged in this state in the business of selling cigarettes or tobacco products at retail;

(4)    "Distributor," any person engaged in this state in the business of producing or manufacturing cigarettes, or importing into the state cigarettes, at least seventy-five percent of which are purchased directly from the manufacturers thereof;

(5)    "Manufacturer," any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer or any entity that becomes a successor of a manufacturer. The term includes any person deemed to be a manufacturer pursuant to § 10-50-105;

(6)    "Person," any individual, firm, fiduciary, partnership, limited liability company, corporation, trust, or association;

(7)    "Quality control and quality assurance program," the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in § 34-49-2 for all test trials used to certify cigarettes in accordance with this chapter;

(8)    "Repeatability," 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;

(9)    "Sale," any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. 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;

(10)    "Secretary," the secretary of revenue;

(11)    "Sell," to sell, or to offer or agree to do the same;

(12)    "State fire marshal," the state fire marshal designated pursuant to chapter 34-29B.

Source: SL 2009, ch 172, § 1, eff. Jan. 1, 2011; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2014, ch 65, § 9.