Section 407.925

Title XXVI TRADE AND COMMERCE

Chapter 407

Effective - 10 Oct 2014, see footnote   

  *407.925.  Definitions. — As used in sections 407.925 to 407.934, the following terms mean:

  (1)  "Alternative nicotine product", any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means.  Alternative nicotine product does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act;

  (2)  "Center of youth activities", any playground, school or other facility, when such facility is being used primarily by persons under the age of eighteen for recreational, educational or other purposes;

  (3)  "Distribute", a conveyance to the public by sale, barter, gift or sample;

  (4)  "Minor", a person under the age of eighteen;

  (5)  "Municipality", the city, village or town within which tobacco products, alternative nicotine products or vapor products are sold or distributed or, in the case of tobacco products, alternative nicotine products or vapor products that are not sold or distributed within a city, village or town, the county in which they are sold or distributed;

  (6)  "Person", an individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government, or any other legal entity which is recognized by law as the subject of rights and duties;

  (7)  "Proof of age", a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;

  (8)  "Rolling papers", paper designed, manufactured, marketed, or sold for use primarily as a wrapping or enclosure for tobacco, which enables a person to roll loose tobacco into a smokable cigarette;

  (9)  "Sample", a tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost or at nominal cost for product promotional purposes;

  (10)  "Sampling", the distribution to members of the general public of tobacco product, alternative nicotine product or vapor product samples;

  (11)  "Tobacco products", any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco but does not include alternative nicotine products, or vapor products;

  (12)  "Vapor product", any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form.  Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.  Vapor product does not include any alternative nicotine product or tobacco product;

  (13)  "Vending machine", any mechanical electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products, alternative nicotine products, or vapor products.

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(L. 1992 S.B. 509, et al. § 7, A.L. 2014 S.B. 841)

*Effective 10-10-14, see § 21.250.  S.B. 841 was vetoed July 14, 2014. The veto was overridden on September 10, 2014.