(1) As used in this chapter, unless otherwise specified:(1) (A) “Alternative nicotine product” means a product that consists of or contains nicotine from any source that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.(B) “Alternative nicotine product” does not include a:(i) Tobacco product;(ii) Vapor product;(iii) Product that is a drug under 21 U.S.C. § 321(g)(1);(iv) Product that is a device under 21 U.S.C. § 321(h); or(v) Product that constitutes a combination drug, device, or biological product as described in 21 U.S.C. § 353(g);(2) “Annual” or “annually” means the fiscal year from July 1 through the following June 30;(3) “Brand family” means all styles of vapor products, alternative nicotine products, and e-liquid products sold under the same trademark and differentiated from another style by means of additional modifiers or descriptors, and includes any brand name alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical to, similar to, or identifiable with a previously known brand of vapor products, alternative nicotine products, or e-liquid products;(4) “Childcare facility” means the same as provided in § 20-78-202;(5) “Child-resistant packaging” means packaging that is designed or constructed to be compliant with the Federal Child Nicotine Poisoning Prevention Act, Pub. L. No. 114-116, 15 U.S.C. § 1472a;(6) “Consumer” means a member of the public at large;(7) “E-liquid” and “e-liquid product” means a liquid product, which may or may not contain nicotine, that is inhaled when using a vapor product and that may or may not include without limitation propylene glycol, vegetable glycerin, nicotine from any source, and flavorings;(8) (A) “E-liquid container” means a bottle or other container of e-liquid that is sold or provided for mixing at retail and is marketed or intended for use in a vapor product.(B) “E-liquid container” does not include e-liquid contained in a cartridge that is sold, marketed, or intended for use in a vapor product if the cartridge is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer;(9) “Healthcare facility” means the same as in § 20-27-1803;(10) (A) “Manufacturer” means a person that manufactures, fabricates, assembles, or processes a tobacco product or manufactures or fabricates a vapor product, alternative nicotine product, or e-liquid product, including without limitation a federally licensed importer and a federally licensed distributor that deals in tobacco products, vapor products, alternative nicotine products, or e-liquid products.(B) “Manufacturer” includes a sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of tobacco products, vapor products, alternative nicotine products, or e-liquid products produced by the manufacturer to wholesalers or permitted retailers.(C) “Manufacturer” specifically includes a person that mixes, compounds, repackages, or resizes e-liquid products or vapor products;(11) “School” means:(A) Any buildings, parking lots, playing fields, playgrounds, school buses, or other school vehicles; or(B) Any off-campus school-sponsored or school-sanctioned events with respect to any public school, open-enrollment public charter school, or private school where children attend classes in kindergarten through grade twelve (K-12);(12) “Tobacco products” means all products containing tobacco for consumption, including without limitation cigarettes, cigars, little cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking tobacco, including pipe tobacco, and smoking tobacco substitutes; and(13) “Vapor product” means an electronic oral device of any size or shape that contains a vapor of nicotine, e-liquid, or any other substance that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that:(A) Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device;(B) Works in combination with a cartridge, other container, or liquid delivery device containing nicotine, e-liquid, or any other substance and manufactured for use with vapor products;(C) Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other product name or descriptor; and(D) Does not include a product regulated as a drug or device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2015.
(1) (A) “Alternative nicotine product” means a product that consists of or contains nicotine from any source that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.(B) “Alternative nicotine product” does not include a:(i) Tobacco product;(ii) Vapor product;(iii) Product that is a drug under 21 U.S.C. § 321(g)(1);(iv) Product that is a device under 21 U.S.C. § 321(h); or(v) Product that constitutes a combination drug, device, or biological product as described in 21 U.S.C. § 353(g);
(A) “Alternative nicotine product” means a product that consists of or contains nicotine from any source that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.
(B) “Alternative nicotine product” does not include a:(i) Tobacco product;(ii) Vapor product;(iii) Product that is a drug under 21 U.S.C. § 321(g)(1);(iv) Product that is a device under 21 U.S.C. § 321(h); or(v) Product that constitutes a combination drug, device, or biological product as described in 21 U.S.C. § 353(g);
(i) Tobacco product;
(ii) Vapor product;
(iii) Product that is a drug under 21 U.S.C. § 321(g)(1);
(iv) Product that is a device under 21 U.S.C. § 321(h); or
(v) Product that constitutes a combination drug, device, or biological product as described in 21 U.S.C. § 353(g);
(2) “Annual” or “annually” means the fiscal year from July 1 through the following June 30;
(3) “Brand family” means all styles of vapor products, alternative nicotine products, and e-liquid products sold under the same trademark and differentiated from another style by means of additional modifiers or descriptors, and includes any brand name alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical to, similar to, or identifiable with a previously known brand of vapor products, alternative nicotine products, or e-liquid products;
(4) “Childcare facility” means the same as provided in § 20-78-202;
(5) “Child-resistant packaging” means packaging that is designed or constructed to be compliant with the Federal Child Nicotine Poisoning Prevention Act, Pub. L. No. 114-116, 15 U.S.C. § 1472a;
(6) “Consumer” means a member of the public at large;
(7) “E-liquid” and “e-liquid product” means a liquid product, which may or may not contain nicotine, that is inhaled when using a vapor product and that may or may not include without limitation propylene glycol, vegetable glycerin, nicotine from any source, and flavorings;
(8) (A) “E-liquid container” means a bottle or other container of e-liquid that is sold or provided for mixing at retail and is marketed or intended for use in a vapor product.(B) “E-liquid container” does not include e-liquid contained in a cartridge that is sold, marketed, or intended for use in a vapor product if the cartridge is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer;
(A) “E-liquid container” means a bottle or other container of e-liquid that is sold or provided for mixing at retail and is marketed or intended for use in a vapor product.
(B) “E-liquid container” does not include e-liquid contained in a cartridge that is sold, marketed, or intended for use in a vapor product if the cartridge is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer;
(9) “Healthcare facility” means the same as in § 20-27-1803;
(10) (A) “Manufacturer” means a person that manufactures, fabricates, assembles, or processes a tobacco product or manufactures or fabricates a vapor product, alternative nicotine product, or e-liquid product, including without limitation a federally licensed importer and a federally licensed distributor that deals in tobacco products, vapor products, alternative nicotine products, or e-liquid products.(B) “Manufacturer” includes a sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of tobacco products, vapor products, alternative nicotine products, or e-liquid products produced by the manufacturer to wholesalers or permitted retailers.(C) “Manufacturer” specifically includes a person that mixes, compounds, repackages, or resizes e-liquid products or vapor products;
(A) “Manufacturer” means a person that manufactures, fabricates, assembles, or processes a tobacco product or manufactures or fabricates a vapor product, alternative nicotine product, or e-liquid product, including without limitation a federally licensed importer and a federally licensed distributor that deals in tobacco products, vapor products, alternative nicotine products, or e-liquid products.
(B) “Manufacturer” includes a sales entity affiliate of the manufacturer or any other entity representing the manufacturer with regard to the sale of tobacco products, vapor products, alternative nicotine products, or e-liquid products produced by the manufacturer to wholesalers or permitted retailers.
(C) “Manufacturer” specifically includes a person that mixes, compounds, repackages, or resizes e-liquid products or vapor products;
(11) “School” means:(A) Any buildings, parking lots, playing fields, playgrounds, school buses, or other school vehicles; or(B) Any off-campus school-sponsored or school-sanctioned events with respect to any public school, open-enrollment public charter school, or private school where children attend classes in kindergarten through grade twelve (K-12);
(A) Any buildings, parking lots, playing fields, playgrounds, school buses, or other school vehicles; or
(B) Any off-campus school-sponsored or school-sanctioned events with respect to any public school, open-enrollment public charter school, or private school where children attend classes in kindergarten through grade twelve (K-12);
(12) “Tobacco products” means all products containing tobacco for consumption, including without limitation cigarettes, cigars, little cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking tobacco, including pipe tobacco, and smoking tobacco substitutes; and
(13) “Vapor product” means an electronic oral device of any size or shape that contains a vapor of nicotine, e-liquid, or any other substance that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that:(A) Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device;(B) Works in combination with a cartridge, other container, or liquid delivery device containing nicotine, e-liquid, or any other substance and manufactured for use with vapor products;(C) Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other product name or descriptor; and(D) Does not include a product regulated as a drug or device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2015.
(A) Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device;
(B) Works in combination with a cartridge, other container, or liquid delivery device containing nicotine, e-liquid, or any other substance and manufactured for use with vapor products;
(C) Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other product name or descriptor; and
(D) Does not include a product regulated as a drug or device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed on January 1, 2015.