Section 20-2699. DEFINITIONS

 

2699.1When used in this chapter, the following terms shall have the meanings ascribed:

 

Act - the Fire-Standard-Compliant Cigarettes Act of 2008, effective May 13, 2008 (D.C. Law 17-157; D.C. Official Code § 7-1751 et seq.).

 

Chief - the Chief of the Fire and Emergency Medical Services Department.

 

Cigarette - a product that contains any amount of nicotine, regardless of size, shape, or presence of other ingredients, that is intended to be burned or heated and consists of or contains any roll of tobacco wrapped in paper, or in any other substance other than tobacco, and because of its appearance, the type of tobacco used, and its packing or labeling is offered to or purchased by consumers for smoking.

 

Consumer testing - an assessment of cigarettes that a manufacture conducts or is under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarette, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing.

 

Fire-standard-compliant-cigarette - a cigarette that has been tested pursuant to, and has met the performance standards of, the Act and its implementing rules.

 

Manufacturer - a person or entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in or outside the District, for sale in the District, directly or through an importer, wholesale dealer, or retailer dealer, including any first purchaser that intends to resell cigarettes.

 

Quality control and quality assurance program - 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 and that maintain a repeatability value of no greater than nineteen hundredths (0.19).

 

Repeatability - a range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.

 

Retail dealer - a person, other than a manufacturer or wholesale dealer, engaged in the sale of cigarettes.

 

Sale or selling - a transfer of title or possession, or both, exchange or barter, conditional or otherwise, including the giving of cigarettes as samples, prizes, or gifts and the exchange of cigarettes for any consideration.

 

Wholesale dealer - a person, including a wholesale dealer's agent that sells cigarettes to retail dealers or other persons for resale, including any person that owns, operates, or maintains a cigarette vending machine in the District of Columbia.

 

source

Final Rulemaking published at 54 DCR 10012 (September 26, 2008).