For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning:
E-Liquid or Electronic Liquid. Any liquid or like substance, which may or may not contain nicotine, that is designed or intended to be used in an electronic smoking device, whether or not packaged in a cartridge or other container. The term does not include prescription drugs; cannabis for medical use pursuant to HRS Chapter 329 or manufactured cannabis products pursuant to HRS Chapter 329D; or medical devices used to aerosolize, inhale, or ingest prescription drugs, including manufactured cannabis products manufactured or distributed in accordance with HRS § 329D-10(a).
Electronic Smoking Device. Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah. The term includes any component, part, or accessory of the device, and also includes any e-liquid that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. The term does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
Flavored Tobacco Product. Any tobacco product that imparts:
(1) A taste or smell, or both, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, including but not limited to any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice; or
(2) A cooling or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.
Hookah. A type of waterpipe, used to smoke shisha tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. This term does not include an e-hookah or other electronic smoking devices.
Labeling. Written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
Loose Leaf Tobacco. Cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product that, 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, including roll-your-own cigarettes.
Packaging. A pack, box, carton, or container of any kind, or if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.
Premium Cigar. Any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, has a wholesale price of $6 or more, and weighs more than 4 pounds per 1,000 cigars. A premium cigar does not have a filter, tip, or non-tobacco mouthpiece and is capped by hand.
Retailer. An entity that sells, offers for sale, or exchanges or offers to exchange tobacco products to consumers for any form of consideration. The term includes an owner or agent of a tobacco retail location.
Shisha Tobacco Product. A tobacco product smoked or intended to be smoked in a hookah. The term includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. The term does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.
Tobacco Product. Any nicotine product and any product made or derived from tobacco that contains nicotine or other substances and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, dissolved, inhaled, absorbed, or ingested by any other means, including but not limited to a cigarette, cigar, chewing tobacco, snuff, snus, any electronic smoking device and any e-liquid that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine, and any component, part, or accessory of a cigarette,
cigar, chewing tobacco, snuff, snus, or electronic smoking device, whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, or flavor enhancers. The term does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
Tobacco Retail Location. Any premises where tobacco products are sold or distributed to a consumer, including but not limited to any store, bar, lounge, café, stand, outlet, vehicle, cart, location, vending machine, or structure.
(Added by Ord. 23-28)