Utah Code Title 59. Revenue and Taxation § 59-22-306. Original participating manufacturer and related terms

(1) “Original Participating Manufacturer,” which is referenced in Subsection 59-22-202(9)(a)(i), is defined in the Master Settlement Agreement as follows:

“Original Participating Manufacturer” means Brown & Williamson Tobacco Corporation, Lorillard Tobacco Company, Phillip Morris Incorporated and R.J. Reynolds Tobacco Company, and the respective successors of each of the foregoing.  Except as expressly providing in this Agreement, once an entity becomes an Original Participating Manufacturer, such entity shall permanently retain the status of Original Participating Manufacturer.

(2) Subsection II(mm) of the Master Settlement Agreement, which is referenced in Subsection 59-22-202(9)(a)(i), is the following definition of “relative market share”:

“Relative market share” means an original participating manufacturer's respective share, expressed as a percentage, of the total number of individual cigarettes shipped in or to the 50 United States, the District of Columbia and Puerto Rico by all the original participating manufacturers during the calendar year immediately preceding the year in which the payment at issue is due, regardless of when such payment is made, as measured by the original participating manufacturers' reports of shipments of cigarettes to Management Science Associates, Inc., or a successor entity acceptable to both the original participating manufacturers and a majority of those attorneys general who are both the attorney general of a settling state and a member of the NAAG executive committee at the time in question.  A cigarette shipped by more than one participating manufacturer shall be deemed to have been shipped solely by the first participating manufacturer to do so.  For purposes of the definition and determination of “relative market share,” 0.09 ounces of “roll your own” tobacco shall constitute one individual cigarette.

(3) Subsection II(z) of the Master Settlement Agreement, which is referenced in Subsection 59-22-202(9)(a)(i), is the following definition of “market share”:

“Market share” means a tobacco product manufacturer's respective share, expressed as a percentage, of the total number of individual cigarettes sold in the 50 United States, the District of Columbia and Puerto Rico during the applicable calendar year, as measured by excise taxes collected by the federal government and, in the case of sales in Puerto Rico, arbitrios de cigarillos collected by the Puerto Rico taxing authority.  For purposes of the definition and determination of “market share” with respect to calculations under subsection IX(i), 0.09 ounces of “roll your own” tobacco shall constitute one individual cigarette;  for purposes of the definition and determination of “market share” with respect to all other calculations, 0.0325 ounces of “roll your own” tobacco shall constitute one individual cigarette.