Definitions for ORS 323.700 to 323.730

# (1)

“Consumer” means an individual who is not a distributor or a retailer.

# (2)

“Delivery sale”:

# (a)

Means a sale of tobacco to a consumer in this state in which:

(A) The consumer submits the order for the sale by means of a telephone or other method of voice transmission, a delivery service or the Internet or other online service; or

(B) The tobacco is delivered by use of a delivery service.

# (b)

Includes any sale of tobacco described in paragraph (a) of this subsection, regardless of whether the seller is located within Indian country or is otherwise within or outside of this state.

# (c)

Does not include any sale to a distributor or retailer in this state.

# (3)

“Delivery service” means any person that is engaged in the commercial delivery of letters, packages or other containers.

# (4)

“Distributor” means a person that is licensed under ORS 323.105 or 323.530.

# (5)

“Indian country” has the meaning given that term in 18 U.S.C. 1151.

# (6)

“Mail” means the use of the United States Postal Service for delivery of letters, packages or other containers.

# (7)

“Person accepting a purchase order for a delivery sale” means a person who fills a tobacco purchase order given by a consumer and processes the order for mail, shipping or other delivery, or who contracts with another party to provide delivery service.

# (8)

“Purchase order” means a written or electronic document authorizing a seller to provide goods.

# (9)

“Sale of tobacco to a consumer” means any sale of tobacco to an individual in this state, unless the individual is a distributor or retailer.

# (10)

“Retailer” means a person that sells tobacco to individuals for personal consumption.

# (11)

“Shipping container” means a container in which tobacco is packaged in connection with a delivery sale.

# (12)

“Shipping documents” means bills of lading, airbills or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages or other containers.

# (13)

“Tobacco” means cigarettes, as defined in ORS 323.010, or tobacco products, as defined in ORS 323.500.