Definitions. As used in this section, the following terms shall have
the meanings indicated:
DRUG PARAPHERNALIA STORES
Any retail store selling paraphernalia commonly related to
the use of any drug or narcotic of which the sale, use or possession
of its subject to the provisions of the Controlled Substance, Drug,
Device and Cosmetic Act, 1972, April 12, P.L. 233. No. 64, 35 P.S.
§ 780-101 et seq., "roach" clips, "coke" spoons, "bongs,"
and cigarette rolling paper, except that this shall not be deemed
to include the sale of cigarette rolling paper by a store that also
sells loose tobacco or the sale by prescription of implements needed
for the use of prescribed drugs or narcotics.
E-CIGARETTE
Any electronically actuated device or inhaler meant to simulate
cigarette smoking that uses a heating element to vaporize a liquid
solution, popularly referred to as "juice," and that causes the user
to exhale any smoke, vapor, or substance other than that produced
by unenhanced human exhalation. The juice used in e-cigarettes typically
contains nicotine, and for this reason, e-cigarettes and their juice
can be classified as both tobacco products and drug paraphernalia.
MIXED-USE ESTABLISHMENTS
Where a grocery store, supermarket, convenience store or
similar market combines an area greater than 75 square feet or 2%
of its retail space, whichever is less, for the display, sale, distribution,
delivery, offering, furnishing, or marketing of conventional cigars,
cigarettes or tobacco with the sale of other retail products. For
the purpose of this section, these mixed-use establishments shall
be subject to the restrictions of this section. The display, sale,
distribution, delivery, offering, furnishing, or marketing of e-cigarettes
or any other tobacco products or tobacco paraphernalia, regardless
of square footage used, is subject to the restrictions of this section.
SMOKE SHOPS AND TOBACCO STORES
Any premises having more than 100 square feet dedicated to
marketing and storage of tobacco, tobacco products, or tobacco paraphernalia.
SYNTHETIC OR DESIGNER DRUG
Any naturally or chemically derived material, compound, mixture,
or preparation regulated or prohibited by federal or Pennsylvania
law intended to alter the physical, emotional, mental, or psychological
state of the consumer, which are currently not otherwise classified
as a scheduled or controlled substance. By way of example, for purposes
of this section synthetic or designer drugs include, but are not limited
to, Spice, K-2, Bath Salts, and Kratom.
TOBACCO
Any preparation of the nicotine-rich leaves of the tobacco
plant, which are cured by a process of drying and fermentation for
use in smoking, chewing, absorbing, dissolving, inhaling, snorting,
sniffing, or ingesting by any other means into the body.
TOBACCO PARAPHERNALIA
Any paraphernalia, equipment, device, or instrument that
is primarily designed or manufactured for the smoking, chewing, absorbing,
dissolving, inhaling, snorting, sniffing, or ingesting by any other
means into the body of tobacco, tobacco products, or other controlled
substances as defined in the Pennsylvania Controlled Substance, Drug,
Device and Cosmetic Act, 35 P.S. § 780-113(a)(33).
TOBACCO PRODUCTS
Any product in leaf, flake, plug, liquid, or any other form,
containing nicotine derived from the tobacco plant or otherwise derived,
which is intended to enable human consumption of the tobacco or nicotine
in the product, whether smoked, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any means. For the purposes of this
section, the term "tobacco product" excludes any product that has
been specifically approved by the United States Food and Drug Administration
(FDA) for sale as a tobacco/smoking-cessation product or for other
medical purposes, where such product is marketed and sold solely for
such and approved purpose.