Definitions

For purposes of 501 CMR 14.00, the following words shall have the meanings respectively assigned to them: Agent, any person authorized by the commonwealth to purchase and affix tax stamps on packages of cigarettes. ASTM, the American Society of Testing and Materials. Cigarette, any roll for smoking whether made wholly or in part of tobacco or any other substance, regardless 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, and that, because of its size, appearance, the type of tobacco used in its filler, or its packaging or labeling, is likely to be offered to, or purchased by, consumers as a cigarette or cigarette equivalent. Commissioner, the Commissioner of the Department of Public Health. Manufacturer: (a) any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in the commonwealth, including cigarettes intended to be sold in the United States through an importer; (b) the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or (c) any entity that becomes a successor of an entity described in 501 CMR 14.03: Manufacturer(a) or (b). (Mass. Register #1540, 1/31/2025) Quality Control and Quality Assurance Program, the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors or equipment- related problems do not affect the results of testing and that the testing repeatability remains within the required repeatability values stated in M.G.L. c. 64C, § 2B, clause (5)(a) for all test trials used to certify cigarettes in accordance with M.G.L. c. 64C, § 2C. Repeatability, the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time. Retail Dealer, any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products. 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 thereof. 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 shall be considered a sale. Secretary, the Secretary of the Executive Office of Public Safety and Security. Sell, to sell, or to offer or agree to sell. Wholesale Dealer, any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains 1 or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person or entity.