Definitions

1. Business. "Business" means any trade, occupation, activity or enterprise engaged in for the purpose of selling or distributing tobacco products in this State. 1-A. Delivery sale. "Delivery sale" means a sale of tobacco products, other than premium cigars, to a consumer in this State when: 1-B. Consumer. "Consumer" means an individual who purchases, receives or possesses tobacco products for personal consumption and not for resale. 1-C. Cost price. "Cost price" means: 2. Distributor. "Distributor" means: 2-A. (TEXT EFFECTIVE UNTIL 1/05/26) Electronic smoking device. "Electronic smoking device" means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen. 2-A. (TEXT EFFECTIVE 1/05/26) Electronic smoking device. "Electronic smoking device" means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen. 2-B. Hookah. "Hookah" means a device used for smoking tobacco that consists of a tube connected to a container where the smoke is cooled by passing through water. 3. Manufacturer. "Manufacturer" means a person who manufactures and sells tobacco products. 4. (TEXT EFFECTIVE UNTIL 1/05/26) Place of business. "Place of business" means any place where tobacco products are sold or where tobacco products are manufactured, stored, or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train or vending machines. 4. (TEXT EFFECTIVE 1/05/26) Place of business. "Place of business" means any place where tobacco products are sold or where tobacco products are manufactured, stored or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane or train. 4-A. Premium cigar. "Premium cigar" has the same meaning as in Title 22, section 1551, subsection 5 . 4-B. Remote retail sale. "Remote retail sale" means any sale into this State of premium cigars to a consumer when: 4-C. Remote retail seller. "Remote retail seller" means a person who makes a remote retail sale when: 5. Retailer. "Retailer" means any person engaged in the business of selling tobacco products to ultimate consumers. 6. Retail outlet. 7. Sale. "Sale" means any transfer, exchange, barter or gift in any manner or by any means whatsoever, for a consideration. "Sale" includes a gift for advertising by a person engaged in the business of selling tobacco products. 7-A. Smoking. "Smoking" includes carrying or having in one's possession a lighted or heated cigarette, cigar or pipe or a lighted or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. "Smoking" includes the use of an electronic smoking device. 8. Subjobber. 9. Tobacco products. "Tobacco products" means any products that are made from or derived from tobacco, or that contain nicotine, whether natural or artificial, including, but not limited to, cigars, including premium cigars; cheroots; stogies; electronic smoking devices and liquids used in electronic smoking devices whether or not they contain nicotine; periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; snus; cavendish; plug and twist tobacco; finecut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be intended for human consumption or as is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means. 10. Unclassified importer. 11. Wholesale sales price. "Wholesale sales price" means the price for which a manufacturer sells tobacco products to a distributor, exclusive of any discount or other reduction.