453C.1 - DEFINITIONS.

        453C.1  DEFINITIONS.         1.  "Adjusted for inflation" means increased in accordance      with the formula for inflation adjustment set forth in exhibit "C" to      the master settlement agreement.         2.  "Affiliate" means a person who directly or indirectly owns      or controls, is owned or controlled by, or is under common ownership      or control with, another person.  Solely for purposes of this      definition, the terms "owns", "is owned", and "ownership"      mean ownership of an equity interest, or the equivalent thereof, of      ten percent or more, and the term "person" means an individual,      partnership, committee, association, corporation, or any other      organization or group of persons.         3.  "Allocable share" means allocable share as defined in the      master settlement agreement.         4.  "Cigarette" means 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:         a.  Any roll of tobacco wrapped in paper or in any substance      not containing tobacco.         b.  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.         c.  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 paragraph      "a" of this definition.         The term "cigarette" includes "roll-your-own" tobacco, meaning      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".         5.  "Master settlement agreement" means the settlement      agreement and related documents entered into on November 23, 1998, by      the state and leading United States tobacco product manufacturers.         6.  "Qualified escrow fund" means an escrow arrangement with a      federally or state-chartered financial institution having no      affiliation with any tobacco product manufacturer and having assets      of at least one billion dollars where such arrangement requires that      such financial institution hold the escrowed funds' principal for the      benefit of releasing parties and prohibits the tobacco product      manufacturer placing the funds into escrow from using, accessing, or      directing the use of the funds' principal except as consistent with      section 453C.2, subsection 2, paragraph "b".         7.  "Released claims" means released claims as that term is      defined in the master settlement agreement.         8.  "Releasing parties" means releasing parties as that term      is defined in the master settlement agreement.         9.  "Tobacco product manufacturer" means an entity that on or      after May 20, 1999, directly and not exclusively through any      affiliate does any of the following:         a.  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 such 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 such 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 such cigarettes does      not market or advertise such cigarettes in the United States).         b.  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.         c.  Becomes a successor of an entity described in paragraph      "a" or "b".         The term "tobacco product manufacturer" shall not include an      affiliate of a tobacco product manufacturer unless such affiliate      itself falls within any of paragraphs "a" through "c".         10.  "Units sold" means the number of individual cigarettes      sold in the state by the applicable tobacco product manufacturer,      whether directly or through a distributor, retailer, or similar      intermediary or intermediaries, during the year in question, as      measured by excise taxes collected by the state on packs bearing the      excise stamp of the state or on roll-your-own tobacco containers.      The department of revenue shall adopt rules as are necessary to      ascertain the amount of state excise tax paid on the cigarettes of      such tobacco product manufacturer for each year.  
         Section History: Recent Form
         99 Acts, ch 157, §1, 3; 2000 Acts, ch 1058, §42; 2001 Acts, ch 18,      §1, 2, 4; 2003 Acts, ch 145, §286; 2003 Acts, ch 179, §131, 159; 2007      Acts, ch 186, §53         Referred to in § 12E.2, 453D.2