The following words and phrases shall be defined as set forth below.
ALTERNATIVE NICOTINE PRODUCT. A product or device not consisting of or containing tobacco that provides for the ingestion of nicotine into the body, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or any other means.
ALTERNATIVE NICOTINE PRODUCT does not include:
(1) Cigarettes as defined in Section 1 of the Cigarette Tax Act;
(2) Tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995;
(3) A TOBACCO PRODUCT and ELECTRONIC CIGARETTE as defined in this section; or
(4) Any product approved by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
ELECTRONIC CIGARETTE.
(1) Any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation;
(2) Any cartridge or container of a solution or substance intended to be used with or in the device, or to refill the device;
(3) Any solution or substance, whether or not it contains nicotine, intended for use in the device; or
(4) Any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device.
ELECTRONIC CIGARETTE does not include:
(1) Cigarettes as defined in Section 1 of the Cigarette Tax Act;
(2) Tobacco products as defined in Section 10-5 of the Tobacco Products Tax Act of 1995;
(3) A TOBACCO PRODUCT and ALTERNATIVE NICOTINE PRODUCT as defined in this section;
(4) Any product approved by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose;
(5) Any asthma inhaler prescribed by a physician for that condition and is being marketed and sold solely for that approved purpose; or
(6) Any therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act.
NICOTINE. Any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
TOBACCO PRODUCT. Any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, and any other smokeless tobacco product containing tobacco that is finely cut, ground, powdered or leaf, and intended to be placed in the oral cavity. TOBACCO PRODUCT includes any component, part or accessory of a tobacco product, whether or not sold separately.
TOBACCO PRODUCT does not include: an ELECTRONIC CIGARETTE and ALTERNATIVE NICOTINE PRODUCT as defined in this section; or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
(Ord. 2019-07, passed 8-19-2019)