                                 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.