Oregon Revised Statutes Chapter 180 § 180.405 — Definitions

Definitions. As used in ORS 180.400 to 180.455 and 323.106: (1) “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, cigarettes labeled “menthol,” “lights,” “kings,” “100s” and any cigarettes sold under a brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors or other indicia of product identification, that are identical to, similar to or identifiable with a previously known brand of cigarettes. (2) “Cigarette” has the meaning given that term in ORS 323.800. (3) “Distributor” means a person who is licensed under ORS 323.105 or 323.530 and any other person who is a distributor for the purposes of ORS 323.005 to 323.482 or 323.500 to 323.645. (4) “Importer” has the meaning given that term in ORS 323.800. (5)(a) “Inhalant delivery system” means: (A) A device that can be used to deliver nicotine in the form of a vapor or aerosol to a person inhaling from the device; or (B) A component of a device described in this paragraph or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this paragraph, whether the component or substance is sold separately or is not sold separately. (b) “Inhalant delivery system” does not include: (A) Any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose; (B) If sold separately, battery chargers, straps or lanyards; or (C) Marijuana items as defined in ORS 475C.009. (6) “Master Settlement Agreement” has the meaning given that term in ORS 323.800. (7) “Nonparticipating manufacturer” means any tobacco product manufacturer that is not a participating manufacturer. (8) “Participating manufacturer” has the meaning given that term in section II(jj) of the Master Settlement Agreement. (9) “Qualified escrow fund” has the meaning given that term in ORS 323.800. (10) “Retailer” means a person that sells cigarettes, inhalant delivery systems or smokeless tobacco products to individuals for personal consumption. (11) “Smokeless tobacco products” has the meaning given that term in ORS 323.810. (12) “Tobacco product manufacturer” has the meaning given that term in ORS 323.800. (13) “Units sold” has the meaning given that term in ORS 323.800. [2003 c.801 §2; 2017 c.687 §4; 2019 c.240 §2; 2021 c.179 §2] Note: See note under 180.400.