                                 CODE OF VIRGINIA

DEFINITIONS (§ 3.2-4200)

As used in this article:
		&#8220;Adjusted for inflation&#8221; means increased in accordance with the
formula for inflation adjustment set forth in Exhibit C to the Master Settlement
Agreement.
		&#8220;Affiliate&#8221; 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
&#8220;owns,&#8221; &#8220;is owned,&#8221; and &#8220;ownership&#8221; mean
ownership of an equity interest, or the equivalent thereof, of 10 percent or
more, and the term &#8220;person&#8221; means an individual, partnership,
committee, association, corporation or any other organization or group of
persons.
		&#8220;Allocable share&#8221; means Allocable Share as that term is defined in
the Master Settlement Agreement.
		&#8220;Cigarette&#8221; means any product that contains nicotine, is intended
to be burned or heated under ordinary conditions of use, and consists of or
contains (i) any roll of tobacco wrapped in paper or in any substance not
containing tobacco; (ii) 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; or (iii) 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 (i) of
this definition. The term &#8220;cigarette&#8221; includes
&#8220;roll-your-own&#8221; tobacco, 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 &#8220;cigarette,&#8221; 0.09 ounces of
&#8220;roll-your-own&#8221; tobacco shall constitute one individual
&#8220;cigarette.&#8221;
		&#8220;Master Settlement Agreement&#8221; means the settlement agreement and
related documents entered into on November 23, 1998, by the Commonwealth and
leading United States tobacco product manufacturers.
		&#8220;Qualified escrow fund&#8221; 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 $1 billion where
such arrangement requires that such financial institution hold the escrowed
funds&#8217; 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&#8217; principal except as consistent with
subsection B of § 3.2-4201.
		&#8220;Released claims&#8221; means Released Claims as that term is defined in
the Master Settlement Agreement.
		&#8220;Releasing parties&#8221; means Releasing Parties as that term is
defined in the Master Settlement Agreement.
		&#8220;Tobacco product manufacturer&#8221; means an entity that after the date
of enactment of this act directly (and not exclusively through any affiliate):

1. 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);

2. 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

3. Becomes a successor of an entity described in subdivision 1 or 2 of this
definition.
			The term &#8220;Tobacco Product Manufacturer&#8221; shall not include an
affiliate of a tobacco product manufacturer unless such affiliate itself falls
within any of subdivisions 1, 2, and 3 of this definition.
			&#8220;Units sold&#8221; means the number of individual cigarettes sold in
the Commonwealth 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 Commonwealth on packs (or &#8220;roll-your-own&#8221; tobacco
containers) bearing the excise tax stamp of the Commonwealth.

HISTORY: 1999, cc. 714, 754, § 3.1-336.1; 2008, c. 860.