CODE OF VIRGINIA

DEFINITIONS (§ 58.1-1021.01)

As used in this article, unless the context clearly shows otherwise, the term or
phrase:

   “Distributor” means (i) any person engaged in the business of
   selling tobacco products in the Commonwealth who brings, or causes to be
   brought, into the Commonwealth from outside the Commonwealth any tobacco
   products for sale; (ii) any person who makes, manufactures, fabricates, or
   stores tobacco products in the Commonwealth for sale in the Commonwealth;
   (iii) any person engaged in the business of selling tobacco products outside
   the Commonwealth who ships or transports tobacco products to any person in the
   business of selling tobacco products in the Commonwealth; or (iv) any retail
   dealer in possession of untaxed tobacco products in the Commonwealth.

“Loose leaf tobacco” means any leaf tobacco that is not intended to
be smoked, but shall not include moist snuff. Loose leaf tobacco weight unit
categories shall be as follows:

   1.  “Loose leaf tobacco half pound-unit” means a consumer sized
   unit, pouch, or package containing at least 4 ounces but not more than 8
   ounces of loose leaf tobacco, by net weight, produced by the manufacturer to
   be sold to consumers as a single unit and not produced to be divided or sold
   separately and containing one individual package.

   2.  “Loose leaf tobacco pound-unit” means a consumer sized unit,
   pouch, or package containing more than 8 ounces of loose leaf tobacco, by net
   weight, produced by the manufacturer to be sold to consumers as a single unit
   and not produced to be divided or sold separately and containing one
   individual package.

   3.  “Loose leaf tobacco single-unit” means a consumer sized unit,
   pouch, or package containing less than 4 ounces of loose leaf tobacco, by net
   weight, produced by the manufacturer to be sold to consumers as a single unit
   and not produced to be divided or sold separately and containing one
   individual package.

“Manufacturer” means a person who manufactures or produces tobacco
products and sells tobacco products to a distributor.”Manufacturer’s
representative” means a person employed by a manufacturer to sell or
distribute the manufacturer’s tobacco products.”Manufacturer’s
sales price” means the actual price for which a manufacturer,
manufacturer’s representative, or any other person sells tobacco products
to an unaffiliated distributor.”Moist snuff” means a tobacco product
consisting of finely cut, ground, or powdered tobacco that is not intended to be
smoked but shall not include any finely cut, ground, or powdered tobacco that is
intended to be placed in the nasal cavity.”Person” means any
individual, corporation, partnership, association, company, business, trust,
joint venture, or other legal entity.”Retail dealer” means every
person who sells or offers for sale any tobacco product to
consumers.”Tobacco product” or “tobacco products” means
(i) “cigar” as defined in § 5702(a) of the Internal Revenue Code,
and as such section may be amended; (ii) “smokeless tobacco” as
defined in § 5702(m) of the Internal Revenue Code, and as such section may be
amended; or (iii) “pipe tobacco” as defined in § 5702(n) of the
Internal Revenue Code, and as such section may be amended. “Tobacco
products” shall also include loose leaf tobacco.

HISTORY: 2004, Sp. Sess. I, c. 3; 2005, c. 71; 2006, c. 768; 2010, cc. 191, 804.