Terms Used In Montana Code > Title 50 > Chapter 65 > Part 1 - General Provisions

• Agent: means a person authorized by the department of revenue to purchase and affix stamps on packages of cigarettes. See Montana Code 50-65-101
• Cigarette: means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco. See Montana Code 50-65-101
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Manufacturer: means :

  (a)an entity that manufactures or otherwise produces cigarettes or causes cigarettes that the manufacturer intends to be sold in this state to be manufactured or produced anywhere, 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)an entity that becomes a successor of an entity described in subsections (3)(a) and (3)(b). See Montana Code 50-65-101

• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systemic and nonsystemic methodological errors, and equipment-related problems do not affect the results of testing. See Montana Code 50-65-101
• Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time. See Montana Code 50-65-101
• Retail dealer: means a person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See Montana Code 50-65-101
• Sale: means any transfer of title of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means. See Montana Code 50-65-101
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Wholesale dealer: means a person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and a 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. See Montana Code 50-65-101