For the purposes of this article, the following terms shall
have the following respective meanings:
ELECTRONIC VAPOR DEVICE
Any device with a heating element, a battery, or an electronic
circuit that provides nicotine or other vaporized liquids to the user
in a manner that simulates tobacco products, shisha, herbs, or any
other products that produce smoke.
ELECTRONIC/VAPOR INHALATION SUBSTANCE PRODUCTS
Any cartridges, cartomizers, e-liquid, smoke juice, tanks,
tips, atomizers, vaporizers, electronic smoking device batteries,
electronic smoking device chargers and any other item specifically
designed for the preparation, charging, or use of electronic vapor
devices.
TOBACCO and TOBACCO PRODUCTS
Any product containing tobacco leaf including, but not limited
to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, or any other preparation of tobacco
including any products or formulations of matter containing biologically
active amounts of nicotine that are manufactured, sold, offered for
sale, or otherwise distributed for the purpose of being introduced
into the human lungs or mouth in smoke or vapor form, but not including
any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependency.
Any person or persons observed to be in violation of this article who is not a minor subject to Article
IV of this chapter shall be issued a summons and may be subject to, at the discretion of the court, the penalty provided in Chapter
204, entitled "Penalties," of the Borough Code. The prosecution of any minor under the age of 18 years charged under this article shall be within the exclusive jurisdiction of the Family Part of the Chancery Division of the Superior Court of New Jersey, to which such a minor shall be surrendered, and all pleadings and process shall be transferred to said Court in accordance with N.J.S.A. 2C:4-11 and Rule 5:19 of the New Jersey Rules of Court as a juvenile delinquency action.