As used in this part, unless the context otherwise requires:
(1) “Age-restricted venue” means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;
(2) “Beedies” or “bidis” means a product containing tobacco that is wrapped in temburni leaf (dispyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis. For purposes of this chapter, beedies or bidis shall be considered a tobacco product;
(3) “Cigar bar” means a legal establishment that:
(A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages;
(B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors;
(C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and
(D) Does not permit vaping or the smoking of products other than cigars on the premises;
(4) “Commissioner” means the commissioner of agriculture or the commissioner’s duly authorized representative;
(5) “Department” means the department of agriculture;
(6) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three tenths of one percent (0.3 %) on a dry weight basis;
(7) “Person” means any individual, firm, fiduciary, partnership, corporation, trust, or association;
(8) “Proof of age” means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. Except in the case of distribution by mail, the distributor shall obtain a statement from the addressee that the addressee is twenty-one (21) years of age or older;
(9) “Public place” means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building;
(10) “Retail tobacco store” means a retail store that derives its largest category of sales from tobacco products and accessories;
(11) “Retail vapor product store” means a retail store that derives its largest category of sales from vapor products and accessories;
(12) “Sample” means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the product;
(13) “Sampling” means the distribution of samples to members of the general public in a public place;
(14) “Smokeless nicotine product”:
(A) Means nicotine that is in the form of a solid, gel, gum, or paste that is intended for human consumption or placement in the oral cavity for absorption into the human body by any means other than inhalation;
(B) Does not include tobacco or tobacco products; and
(C) Does not include nicotine replacement therapy products as defined and approved by the federal food and drug administration;
(15) “Smoking hemp” means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product;
(16) “Tobacco product” means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis; and
(17) “Vapor product”:
(A) Means any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor;
(B) Includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product; and
(C) Does not include any product regulated under Chapter V of the Food, Drug, and Cosmetic Act (21 U.S.C. § 351 et seq.).
