HEALTH AND SAFETY
PREVENTION OF MINORS’ ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES
39-5702. Definitions. The terms used in this chapter are defined as follows:
(1) "Business" means any company, partnership, firm, sole proprietorship, association, corporation, organization, or other legal entity, or a representative of the foregoing entities.
(2) "Delivery sale" means to distribute tobacco products or electronic smoking devices to a consumer in a state where either:
(a) The individual submits the order for such sale by means of a telephonic or other method of voice transmission, data transfer via computer networks, including the internet and other online services, or facsimile, or the mails; or
(b) The tobacco products or electronic smoking devices are delivered by use of the mails or a delivery service.
(3) "Delivery service" means any person who is engaged in the commercial delivery of letters, packages or other containers.
(4) "Department" means the state department of health and welfare or its duly authorized representative.
(5) "Distribute" means to give, deliver, sell, offer to give, offer to deliver, offer to sell or cause any person to do the same or hire any person to do the same.
(6) "Minor" means a person under twenty-one (21) years of age.
(7) "Minor-exempt permit" means a permittee location whose revenues from the sale of alcoholic beverages for on-site consumption comprises at least fifty-five percent (55%) of total revenues, or whose products and services are primarily obscene, pornographic, profane, or sexually oriented, is exempt from inspections assisted by a minor, if minors are not allowed in the location and such prohibition is posted clearly on all entrance doors.
(8) "Permit" means a permit issued by the department for the sale or distribution of tobacco products or electronic smoking devices.
(9) "Permittee" means the holder of a valid permit for the sale or distribution of tobacco products or electronic smoking devices.
(10) "Photographic identification" means state, district, territorial, possession, provincial, national or other equivalent government driver’s license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport.
(11) "Random unannounced inspection" means an inspection of retail outlets by a law enforcement agency or by the department, with or without the assistance of a minor, to monitor compliance of this chapter.
(12) "Seller" means the person who physically sells or distributes tobacco products or electronic smoking devices.
(13)(a) "Tobacco product or electronic smoking device" means:
(i) Any substance 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 cigarettes, cigars, pipes, snuff, smoking or chewing tobacco, snus, tobacco papers, or smokeless tobacco;
(ii) Any electronic smoking device that may be used to deliver an aerosolized or a vaporized substance to the person inhaling from the device, including but not limited to an electronic cigarette, an electronic cigar, an electronic pipe, a vape pen, or an electronic hookah, or any component, part, or accessory of such a device, or any substance intended to be aerosolized or vaporized during use of the device, whether or not the substance contains nicotine, or any heated or lighted device intended to be used for inhalation; or
(iii) Any components, parts, or accessories of a tobacco product or an electronic smoking device, whether or not they contain tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, and pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, electronic hookah, or vape pen, or under any other product name or descriptor.
(b) The term "tobacco product or electronic smoking device" does not include drugs, devices, or combinations of products authorized for sale by the United States food and drug administration as those terms are defined in the federal food, drug, and cosmetic act.
(14) "Vending machine" means any mechanical, electronic, or other similar device which, upon the insertion of tokens, money or any other form of payment, dispenses tobacco products or electronic smoking devices.
(15) "Vendor-assisted sales" means any sale or distribution in which the customer has no access to the product except through the assistance of the seller.
(16) "Without a permit" means a business that has failed to obtain a permit or a business whose permit is suspended or revoked.
[39-5702, added 1998, ch. 418, sec. 2, p. 1317; am. 2003, ch. 159, sec. 1, p. 449; am. 2003, ch. 273, sec. 1, p. 728; am. 2004, ch. 318, sec. 5, p. 897; am. 2012, ch. 39, sec. 1, p. 118; am. 2020, ch. 318, sec. 2, p. 906; am. 2022, ch. 113, sec. 1, p. 416.]