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.