[Added 10-28-2019 by Ord. No. 658; amended 4-12-2021 by Ord. No. 683]
The purpose of this article is to prohibit the sale of flavored tobacco products within the Town of Pinedale.
Whenever used in this article, the following terms shall be defined as follows:
CHARACTERIZING FLAVOR
A distinguishable taste or aroma, other than the taste or aroma of tobacco or menthol, imparted either prior to or, during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice and concepts such as spicy, arctic, ice, cool, warm, hot, mellow, fresh, and breeze; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
CIGARETTE
Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
A. 
Any roll of tobacco wrapped in paper or in any substance not containing tobacco;
B. 
Tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
C. 
Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in Subsection A of this definition.
COMPONENT PART
Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.
CONSTITUENT
Any ingredient, substance, chemical or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture or packing of the tobacco product. Such term shall include a smoke constituent.
FLAVORED TOBACCO PRODUCT
Any tobacco product or any component part thereof that contains a constituent that imparts a characterizing flavor. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
PERSON
Any natural person, partnership, firm, joint-stock company, corporation, or employee thereof, or other legal entity.
SMOKE CONSTITUENT
Any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.
TOBACCO PRODUCT
For the purposes of this article, means any product containing tobacco or nicotine, be it synthetic or derived from plant-based inputs and regardless of the method of derivation, including, but not limited to, bidis, dissolvable tobacco products, and electronic cigarette cartridges; provided, however, that such term shall not include:
A. 
Cigarettes, including those cigarettes subject to the Special Rule for Cigarettes relating to characterizing flavors of the federal Family Smoking and Tobacco Prevention Act;
B. 
Any product that has been approved by the U.S. Food and Drug Administration pursuant to its authority over drugs, or products such as snuff, chewing tobacco, chew or snus.
It shall be unlawful for any person to sell or offer for sale any flavored tobacco product to a consumer.
Any person violating any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the general penalty provision set forth in Chapter 1, Article IV, General Penalty.