Definitions for tobacco and vaping rules

In this chapter, unless the context requires otherwise: "Distinguishable" means perceptible to the sense of smell, taste, or touch. "Electronic smoking device" means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, vape pen, dab rig, or e-hookah, or under any other product name or descriptor. "Electronic smoking device" does not include drugs, devices, or combination 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. "Flavored tobacco product" means a tobacco product that imparts: 1. A taste or smell, or both, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer before, during, or after the consumption of a tobacco product, including any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice; or 2. A cooling or numbing sensation distinguishable by an ordinary consumer during consumption of the tobacco product. "Labeling" means written, printed, pictorial, or graphic matter on a tobacco product or its packaging. "Nicotine" means natural or synthetically-derived nicotine, including nicotinic alkaloids and nicotine analogs. "Packaging" means a pack, box, carton, or container of any kind or any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer. "Retailer" means an entity that sells, offers for sale, exchanges, or offers to exchange tobacco products to consumers for any form of consideration. "Retailer" includes an owner or agent of a tobacco retail location. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration. "Tobacco product" means: 1. Products made or derived from tobacco or nicotine, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means; 2. Any electronic smoking device and any e-liquid that may be aerosolized or vaporized by the device, irrespective of whether the substance contains nicotine; or 3. Any component, part, or accessory listed in this definition's numbered paragraphs 1 or 2, including filters, rolling papers, blunt or hemp wraps, hookahs, flavor enhancers, or pipes. "Tobacco retail location" means any premises where tobacco products are sold or distributed to a consumer, including any store, bar, lounge, café, stand, outlet, vehicle, cart, location, vending machine, or structure. ( Ord. No. 5799 , § 2, 2024)