O.C.G.A.

O.C.G.A. § 25-14-2 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this chapter, the term:

(1) “Agent” means any person authorized by the state revenue commissioner to purchase and affix stamps on packages of cigarettes.

(2) “Cigarette” means:

(A) Any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco; or

(B) Any roll for smoking 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.

(3) “Commissioner” means the Safety Fire Commissioner.

(4) “Manufacturer” means:

(A) Any entity which manufactures, makes, produces, or causes to be produced cigarettes sold in this state or cigarettes said entity intends to be sold in this state;

(B) The first purchaser of cigarettes manufactured anywhere that intends to resell such cigarettes in this state regardless of whether the original manufacturer, maker, or producer intends such cigarettes to be sold in the United States; or

(C) Any entity which becomes a successor of an entity described in subparagraph (A) or (B) of this paragraph.

(4.1) “New York Fire Safety Standards for Cigarettes” means those New York Fire Safety Standards for Cigarettes in effect on April 1, 2008.

(5) “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 the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in paragraph (6) of subsection (b) of Code Section 25-14-3 for all test trials used to certify cigarettes in accordance with this chapter.

(6) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.

(7) “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.

(8) “Sale” means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever.

(9) “Sell” means to sell or to offer or agree to do the same.

(10) “Wholesale dealer” means any person that is not a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale. A wholesale dealer is also 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.

History

Code 1981, § 25-14-2, enacted by Ga. L. 2008, p. 104, § 1/SB 418.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 2008, in paragraph (1), “state revenue

FIRE SAFETY STANDARD/FIREFIGHTER PROT.

commissioner” was substituted for “commissioner of revenue”, and in subpara-

graph (4)(A), “or” was deleted from the end.

Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Carolina Tobacco Co. v. Baker, 670 S.E.2d 811 (Ga. Ct. App. 2008).
Carolina Tobacco Co. v. Baker, 670 S.E.2d 811 (Ga. Ct. App. 2008). · cites it 2× “See also OCGA §§ 8-2-111 (6) (“ ‘Manufacture’ means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semifinished materials”); 10-1-676 (3) (“ ‘Manufacturer’ means any person, firm, association, corporation, or trust, .…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.