As used in this section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:

(1) "'Distribute"' means to sell, furnish, give, or provide tobacco products and alternative nicotine products, including tobacco product samples and alternative nicotine product samples, cigarette paper, or a substitute for them, to the ultimate consumer.

(2) "Proof of age" means a driver's license or identification card issued by this State or a United States Armed Services identification card.

(3) "Sample" means a tobacco product or an alternative nicotine product distributed to members of the general public at no cost for the purpose of promoting the products.

(4) "Sampling" means the distribution of samples to members of the general public in a public place.

(5) "Tobacco product" means a product that contains tobacco and is intended for human consumption. "Tobacco product" does not include an alternative nicotine product.

(6) "Alternative nicotine product" means any vaping product, whether or not it includes nicotine, including electronic smoking devices, that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means. "Alternative nicotine product" does not include:

(a) a cigarette, as defined in Section 12-21-620, or other tobacco products, as defined in Section 12-21-800;

(b) a product that is a drug pursuant to 21 U.S.C. 321(g)(1);

(c) a device pursuant to 21 U.S.C. 321(h); or

(d) a combination product described in 21 U.S.C. 353(g).

(7) "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance, including e-liquid, to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, vapor product, or e-hookah. "Electronic smoking device" includes any component, part or accessory of the device, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance includes 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.

(8) "E-liquid" means a substance that:

(a) may or may not contain nicotine;

(b) is intended to be vaporized and inhaled using a vapor product; and

(c) is a legal substance under the laws of this State and the laws of the United States;

E-liquid does not include cannabis or CBD as defined under the laws of this State and the laws of the United States.

(9) "Vapor product" means a powered vaporizer that converts e-liquid to a vapor intended for inhalation.

HISTORY: 1996 Act No. 445, Section 2; 2006 Act No. 231, Section 3, eff six months after approval (approved February 21, 2006); 2013 Act No. 35, Section 2, eff June 7, 2013; 2019 Act No. 25 (H.3420), Sections 2.A to 2.D, eff April 26, 2019.

Effect of Amendment

2019 Act No. 25, Section 2.A, in the undesignated paragraph, inserted "16-17-500,".

2019 Act No. 25, Section 2.B, in (6), in the first sentence, substituted "any vaping product, whether or not it includes nicotine, including electronic smoking devices," for "a product, including electronic cigarettes, that consists of or contains nicotine".

2019 Act No. 25, Section 2.C, rewrote (7), which had related to the definition of "electronic cigarette".

2019 Act No. 25, Section 2.D, added (8) and (9), relating to the definitions of "e-liquid" and "vapor product".