(1) "Brand family" means 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, cigarettes labeled "menthol," "lights," "kings," "100s" and any cigarettes sold under a brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors or other indicia of product identification, that are identical to, similar to or identifiable with a previously known brand of cigarettes.
(2) "Cigarette" has the meaning given that term in ORS 323.800.
(3) "Distributor" means a person who is licensed under ORS 323.105 or 323.530 and any other person who is a distributor for the purposes of ORS 323.005 to 323.482 or 323.500 to 323.645.
(4) "Importer" has the meaning given that term in ORS 323.800.
(5)(a) "Inhalant delivery system" means:
(A) A device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the device; or
(B) A component of a device described in this paragraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this paragraph, whether the component or substance is sold separately or is not sold separately.
(b) "Inhalant delivery system" does not include:
(A) Any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose;
(B) If sold separately, battery chargers, straps or lanyards; or
(C) Marijuana items as defined in ORS 475C.009.
(6) "Master Settlement Agreement" has the meaning given that term in ORS 323.800.
(7) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.
(8) "Participating manufacturer" has the meaning given that term in section II(jj) of the Master Settlement Agreement.
(9) "Qualified escrow fund" has the meaning given that term in ORS 323.800.
(10) "Retailer" means a person that sells cigarettes, inhalant delivery systems or smokeless tobacco products to individuals for personal consumption.
(11) "Smokeless tobacco products" has the meaning given that term in ORS 323.810.
(12) "Tobacco product manufacturer" has the meaning given that term in ORS 323.800.
(13) "Units sold" has the meaning given that term in ORS 323.800. [2003 c.801 §2; 2017 c.687 §4; 2019 c.240 §2; 2021 c.179 §2]
Note: See note under 180.400.
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 180 - Attorney General; Department of Justice
Section 180.060 - Powers and duties of Attorney General.
Section 180.073 - Subpoena authority in criminal investigation.
Section 180.075 - Disclosure of information obtained under subpoena.
Section 180.095 - Department of Justice Protection and Education Revolving Account.
Section 180.096 - Use of Countrywide Financial Corporation settlement proceeds.
Section 180.125 - Intergovernmental road maintenance agreements.
Section 180.140 - Other assistants; salaries; representation of indigent clients.
Section 180.160 - Charges for services to public agencies; rules.
Section 180.180 - Department of Justice Operating Account.
Section 180.200 - Department of Justice Client Trust Account.
Section 180.205 - Tobacco Enforcement Fund.
Section 180.220 - Powers and duties.
Section 180.235 - Authority of agency to employ counsel; qualification and salary; status.
Section 180.260 - Service of process by department employees.
Section 180.267 - Authority of Department of Justice to require fingerprints.
Section 180.269 - Biennial litigation reports to Legislative Assembly.
Section 180.345 - Child Support Program; rules.
Section 180.365 - Child Support Suspense Fund.
Section 180.380 - Disclosure of information to authorized persons.
Section 180.400 - Legislative findings.
Section 180.405 - Definitions.
Section 180.410 - Manufacturer certification.
Section 180.415 - Nonparticipating manufacturer certification; rules.
Section 180.416 - Nonparticipating manufacturer bond; rules.
Section 180.420 - Document retention period.
Section 180.425 - Attorney General’s directory; rules.
Section 180.430 - Nonresident nonparticipating manufacturer service agent.
Section 180.440 - Prohibited conduct; penalty.
Section 180.441 - Prohibited shipping; in-person sale required.
Section 180.445 - Quarterly escrow deposits; rules.
Section 180.448 - Attorney General investigative demand.
Section 180.450 - Judicial review; civil remedies; rules.
Section 180.451 - Civil remedies for violation of ORS 180.441; penalty.
Section 180.468 - Definitions.
Section 180.471 - Manufacturer certification.
Section 180.474 - Nonparticipating manufacturer certification; rules.
Section 180.477 - Attorney General’s directory; rules.
Section 180.480 - Nonresident nonparticipating manufacturer service agent.
Section 180.486 - Prohibited conduct; penalty.
Section 180.489 - Quarterly escrow deposits; rules.
Section 180.491 - Judicial review; civil remedies; rules.
Section 180.540 - Review of consumer contracts for conformity with plain language standards.
Section 180.545 - Plain language standards; approval; fees.
Section 180.550 - Compliance statement.
Section 180.555 - Exemptions; effect of certification; admissibility.
Section 180.600 - Definitions.
Section 180.610 - Investigation of organized criminal activity; powers and duties of department.
Section 180.640 - Criminal Justice Revolving Account.
Section 180.700 - Advisory committee; rules.
Section 180.710 - Program reviews.
Section 180.720 - Hope Card Program; rules.
Section 180.750 - Definitions.
Section 180.755 - Prohibited acts.
Section 180.760 - Civil action for violation; remedies; penalty.
Section 180.765 - Statute of limitation.
Section 180.775 - Investigative demand.
Section 180.780 - Distribution of recovered amounts.