For the purpose of this chapter, the following words and terms shall have the following meaning:
CHARACTERIZING FLAVOR. A distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted either prior to or during the consumption of a 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.
DISTINGUISHABLE. Perceivable by either the sense of smell or taste of an ordinary consumer.
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 e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. ELECTRONIC SMOKING DEVICE includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. ELECTRONIC SMOKING DEVICE does not include drugs, devices, or combination products authorized for sale by the U.S. 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 a characterizing flavor.
LABELING Written, printed, pictorial, or graphic matter upon any tobacco product or any of its packaging.
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.
SALE, SELL or TO SELL. Any transaction where, for any consideration, ownership is transferred from one person or entity to another including, but not limited to any transfer of title or possession for consideration, exchange or barter, in any manner by any means.
SINGLE USE ELECTRONIC CIGARETTE. Any single-use device or delivery system sold in combination with nicotine which can be used to deliver to a person nicotine in aerosolized or vaporized form, including but not limited to, a single-use e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. SINGLE USE ELECTRONIC CIGARETTES shall not include any product that has been approved by the Food and Drug Administration for sale as a tobacco cessation product or other therapeutic purposes where that product is marketed and sold solely for such approved use.
STATE. The State of California.
TOBACCO PRODUCT.
(1) Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
(3) Any component, part, or accessory of (1) or (2), above, whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
TOBACCO PRODUCT does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
TOBACCO RETAILER. Any person who engages in tobacco retailing.
TOBACCO RETAILING. Selling, offering for sale, exchanging, or offering to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.
(Ord. 1044, § 3, 2022)