§ 5673. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: March 6, 2024
Effective: March 6, 2024
35 P.S. § 5673
§ 5673. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section:
“Adjusted for inflation.” Increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.
“Affiliate.” A person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this definition, the terms “owns,” “is owned” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of 10% or more.
“Allocable share.” As that term is defined in the Master Settlement Agreement.
“Cigarette.” Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use and consists of or contains any of the following:
(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco.
(2) Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette.
(3) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in clause (1).
(4) Any “roll-your-own,” which means any tobacco which, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. For purposes of this definition of “cigarette,” 0.09 ounces of “roll-your-own” tobacco shall constitute one individual “cigarette.”
“Master Settlement Agreement.” The settlement agreement and related documents entered into on November 23, 1998, by the Commonwealth and leading United States tobacco product manufacturers in the action entitled Commonwealth v. Philip Morris, et al., Philadelphia County, April term, 1997, No.2443, January 13, 1999.
“Person.” Any individual, unincorporated association, company, corporation, limited liability corporation, joint stock company, group, committee, agency, syndicate, trust or trustee, receiver, fiduciary, partnership or conservator. Whenever used in any section of this act to establish or impose penalties, the word “person” when applied to a partnership, unincorporated association or other joint venture means the partners or members thereof and when applied to a corporation means all officers and directors thereof.
“Qualified escrow fund.” An escrow arrangement with a federally chartered or State-chartered financial institution that has no affiliation with any tobacco product manufacturer and has assets of at least $1,000,000,000 in which the escrow arrangement:
(1) requires that the financial institution hold the principal of the escrowed funds for the benefit of releasing parties; and
(2) prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the principal of the funds except as consistent with section 4.1
“Released claims.” As that term is defined in the Master Settlement Agreement.
“Releasing parties.” As that term is defined in the Master Settlement Agreement.
“Sell” or “sold.” The term includes sales made directly or through a distributor, retailer or similar intermediary.
“Tobacco product manufacturer.”
(1) A person that after the date of enactment of this act directly and not exclusively through any affiliate:
(i) manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where the importer is an original participating manufacturer, as that term is defined in the Master Settlement Agreement, that will be responsible for the payments under the Master Settlement Agreement with respect to the cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement and provided that the manufacturer of the cigarettes does not market or advertise the cigarettes in the United States);
(ii) is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or
(iii) becomes a successor of a person described in subparagraph (i) or (ii).
(2) The term shall not include an affiliate of a tobacco product manufacturer unless the affiliate itself falls under paragraph (1)(i), (ii) or (iii).
“Units sold.” The number of individual cigarettes sold in this Commonwealth by the applicable tobacco product manufacturer during the year in question on which the Commonwealth has authority under Federal law to collect State excise tax, notwithstanding whether the State excise taxes were imposed or collected by the Commonwealth. Cigarettes that are exempt from State excise taxes under Federal law are specifically excluded from this definition. The Department of Revenue shall promulgate regulations necessary to ascertain the number of cigarettes sold by the tobacco product manufacturer in this Commonwealth for each year.
Credits
2000, June 22, P.L. 394, No. 54, § 3, imd. effective. Amended 2015, Dec. 28, P.L. 601, No. 96, § 1, effective 60 days after published notice of consent at 46 Pa.B. 6593 [Dec. 14, 2016]; 2023, Oct. 11, P.L. 47, No. 9, § 1, effective 60 days after published notice of consent at 54 Pa.B. 72 [March 6, 2024].
Footnotes
35 P.S. § 5674.
35 P.S. § 5673, PA ST 35 P.S. § 5673
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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