The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
  (1) Agent--A person licensed by the Texas Comptroller of Public Accounts' Office to purchase and affix adhesive or meter stamps on packages of cigarettes.
  (2) Certification--Completion and submission by a cigarette manufacturer of Certification by Manufacturer for Fire Standard Compliant Cigarette (FSCC), Form Number SF250, adopted by reference in §34.1212(a) of this subchapter (relating to Promulgated and Alternate Certification Forms and Marking Applications), or completion of an alternate certification form as specified in §34.1212(c) of this subchapter.
  (3) Cigarette--A roll for smoking:
    (A) that is made of tobacco or tobacco mixed with another ingredient and wrapped or covered with a material other than tobacco; or
    (B) that is wrapped in any substance containing tobacco that, because of the roll's appearance, the type of tobacco used in the filler or the roll's packaging and labeling, is likely to be offered to or purchased by a consumer as a cigarette.
  (4) Department--Texas Department of Insurance.
  (5) Fire Standard Compliant Cigarette--A cigarette variety that meets the requirements of the Health and Safety Code Chapter 796 regulating the testing, certification, marking, and sale of fire standard compliant cigarettes.
  (6) Manufacturer--A person that manufactures or otherwise produces cigarettes for sale in this state, including cigarettes intended to be sold through an importer; or the first purchaser that intends to resell in this state cigarettes manufactured anywhere that the original manufacturer does not intend to be sold in this state.
  (7) Marking--A manufacturer's designation on the package that is permanently stamped, engraved, embossed, or printed and that identifies the package as containing fire standard compliant cigarettes that meet the requirements of the Health and Safety Code §796.006 and §34.1210 of this subchapter (relating to Marking of Package).
  (8) Packaging--Cigarette soft packs, hard packs, boxes, cartons, and cases.
  (9) Person--An individual or entity, including a cigarette manufacturer, wholesale dealer, or retailer.
  (10) Retailer--A person, other than a wholesale dealer, engaged in selling cigarettes or tobacco products.
  (11) Sale--Any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement. The term includes, in addition to sales using cash or credit, the giving of a cigarette as a sample, prize, or gift and the exchange of a cigarette for any consideration other than money.
  (12) Sell--To sell or to offer or agree to sell.
  (13) SFMO--State Fire Marshal's Office.
  (14) Testing laboratory--Laboratory meeting the accreditation standards specified in the Health and Safety Code §796.003 that performs the fire standard cigarette compliance test. The testing laboratory may be owned or controlled by the cigarette manufacturer.
  (15) Variety--A type of cigarette marketed by the manufacturer as being distinct from other types of cigarettes on the basis of the characteristics listed in the Health and Safety Code §796.005(b)(1) - (8).
  (16) Wholesale dealer--A person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, including a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in premises owned or occupied by another person.

Source Note: The provisions of this §34.1202 adopted to be effective December 31, 2008, 33 TexReg 10443