For purposes of this Article 19Q, the following definitions shall apply:
“Characterizing Flavor” means a Distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing Flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a Distinguishable taste or aroma or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor.
“Cigarette” has the meaning set forth in 21 U.S.C. § 387(3), as may be amended from time to time.
“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product.
“Director” has the meaning set forth in Health Code Section 19H.2.
“Distinguishable” means perceivable by either the sense of smell or taste.
“Establishment” has the meaning set forth in Health Code Section 19H.2.
“Flavored Cigarette” means a Cigarette that contains a Constituent that imparts a Characterizing Flavor.
“Flavored Tobacco Product” means any Tobacco Product, other than a Cigarette, that contains a Constituent that imparts a Characterizing Flavor.
“Labeling” means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its Packaging.
“Packaging” means 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.
“Tobacco Product” has the meaning set forth in Health Code Section 19H.2.
(Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018)