Ohio Code 1346.04 – Tobacco product manufacturers definitions
As used in this section and sections 1346.05 to 1346.10 of the Revised Code:
Terms Used In Ohio Code 1346.04
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(A) “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, “menthol,” “lights,” “kings,” and “100s.” “Brand family” includes cigarettes sold under any brand name (whether that name is used alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarettes.
(B) “Cigarette,” “Master Settlement Agreement,” “qualified escrow fund,” “tobacco product manufacturer,” and “units sold” have the same meanings as in section 1346.01 of the Revised Code.
(C) “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer.
(D) “Participating manufacturer” means a participating manufacturer as that term is defined in section II(jj) of the Master Settlement Agreement and all amendments to that agreement.
(E) “Stamping agent” means a person who is authorized to affix tax stamps to packages or other containers of cigarettes under section 5743.03 of the Revised Code or a person who is required to pay the excise tax imposed on cigarettes and other tobacco products under sections 5743.03 and 5743.51 of the Revised Code, except for a vapor distributor licensed to engage solely in the distribution of vapor products under section 5743.61 of the Revised Code.