Okla. Stat. tit. 68 § 401

Current through Laws 2024, c. 453.

Section 401 - Definitions

For the purpose of this article:

1. The word "person" shall mean any individual, company, limited liability company, corporation, partnership, association, joint adventure, estate, trust or any other group, or combination acting as a unit, and the plural as well as the singular, unless the intention to give a more limited meaning is disclosed by the context;

2. The term "Tax Commission" shall mean the Oklahoma Tax Commission;

3. The word "wholesaler" shall include dealers whose principal business is that of a wholesale dealer, and who is known to the trade as such, who shall sell any tobacco products to licensed retail dealers only for the purpose of resale;

4. The word "retailer" shall include every dealer, other than a wholesaler as defined above, whose principal business is that of selling merchandise at retail, who shall sell, or offer for sale, tobacco products;

5. The word "consumer" shall mean a person who comes into possession of tobacco for the purpose of consuming it;

6. The words "first sale" shall mean and include the first sale, or distribution, of tobacco products in intrastate commerce, or the first use or consumption of tobacco products within this state;

7. The words "tobacco products" shall mean any cigars, smoking tobacco and smokeless tobacco;

8. The term "cigars" shall include any roll of tobacco for smoking, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated or mixed with any other ingredients, where such roll has a wrapper made chiefly of tobacco;

9. The term "smokeless tobacco" shall mean all smokeless tobacco including snuff and chewing tobacco;

10. The term "snuff" shall mean any finely cut, ground or powdered tobacco that is not intended to be smoked;

11. The term "chewing tobacco" means any leaf tobacco that is not intended to be smoked;

12. The term "smoking tobacco" shall mean any pipe tobacco or roll-your-own tobacco;

13. The term "pipe tobacco" 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 to be smoked in a pipe;

14. The term "roll-your-own tobacco" 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 or cigars, or for use as wrappers therof; and

15. The term "untaxed" means that the full amount of tax has not been paid as required by Section 400 et seq. of this title.

Okla. Stat. tit. 68, § 401

Amended by Laws 2021 , c. 526, s. 1, eff. 7/1/2021.

Amended by Laws 2021 , c. 385, s. 9, eff. 7/1/2021.

Laws 1965, HB 695, c. 238, § 2, emerg. eff. 7/1/1965; Amended by Laws 1992, SB 759, c. 339, § 17, eff. 1/1/1993; Amended by Laws 1993, SB 76, c. 366, § 31, eff. 9/1/1993.