Section 29.452. Definitions  


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  • Rule 2.  As used in these rules:

    (a)  "Act" means the fire safety standard and firefighter protection act, 2009 PA 56, MCL 29.491 to 29.511.

    (b)   "Brand family" means all styles of cigarettes sold under  the   same trademark and differentiated from one another by means of  any  and  all additional modifiers and includes any brand name, along or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable   pattern  of  colors,   or any  other    indicia   of  product identification identical or similar to, or identifiable with, a  previously known brand of cigarettes.

    (c)   "Distribute" means to do any of the following:

    (i)   Sell cigarettes or deliver cigarettes for sale by another person to consumers.

    (ii)   Receive or retain more than 199 cigarettes at a place of business where the person receiving or retaining the cigarettes customarily sells cigarettes or offers cigarettes for sale to consumers.

    (iii)   Place cigarettes in vending machines.

    (iv)   Sell or accept orders for cigarettes to be transported   from  a  point outside this state to a consumer within this state.

    (v)   Buy cigarettes directly from a manufacturer  or  wholesale  dealer   for resale in this state.

    (vi)   Give cigarettes as a sample, prize, gift, or other promotion.

    (d)   "FSC" or "fire standard compliant" means that   a    cigarette      style   has been certified as having a reduced ignition propensity under MCL 29.501 (5)

    (a).

    (e)   "Marking" refers to the FSC marking.

    (f)  "Packaging" is defined as pack, box, carton, or case.

    (g)     "Reduced ignition propensity" means meeting the fire safety performance standard in MCL 29.495 when tested under MCL 29.495.

    (h)   "Reduced ignition propensity cigarette" means a cigarette that has been tested as in MCL 29.495 and meets the fire safety performance standard in MCL

    29.495.

    (i)     "Registration" means the submission of all documents  required  for certification of cigarette brand styles, approval of FSC package markings, successful completion of required registration application documents  for cigarette brand families and associated brand styles and payment of all required fees if applicable as required under MCL 29.497 and MCL 29.501.

    (j)    Re-Registration" means the registering of brand families and associated brand styles after the expiration   of  the  three  year  registration and certification period.

    (k)     "Brand Style" means style, as used MCL 29.497 and defined in 15  USC 1332, as means a variety of cigarette distinguished by the tobacco used, tar and nicotine content, flavoring used, size of the  cigarette, filtration on the cigarette, or packaging.

History: 2011 AACS.