As used in this article, the following terms shall have the
meanings indicated:
CHARACTERIZING FLAVOR
A distinguishable flavor, taste, or aroma other than tobacco,
including, but not limited to, any fruit, chocolate, vanilla, honey,
candy, cocoa, dessert, alcoholic beverage, herb, mint, menthol, wintergreen,
or spice flavoring, that is imparted, prior to or during consumption,
by a vapor product, including any smoke or vapor emanating from that
product. A vapor product shall be deemed to have a characterizing
flavor if the product is advertised or marketed as having or producing
any such distinguishable flavor, taste, or aroma.
CHILD-RESISTANT CONTAINER
A container which is designed and constructed in a manner
that meets the federal effectiveness specifications set forth in 16
CFR 1700.15 and the special packaging testing requirements set forth
in 16 CFR 1700.20, so that it is significantly difficult for a child
five years of age or younger to open the package or otherwise risk
exposure to liquid nicotine.
CONTAINER E-LIQUID
A container of liquid nicotine or other liquid where the
liquid is marketed, sold, or intended for use in an electronic smoking
device, but does not include a prefilled cartridge or other container
where the cartridge or container is marketed, sold, or intended for
use as, or as a part of, an electronic smoking device.
VAPOR BUSINESS
A retail business where more than 50% of its retail sales
are derived from electronic smoking devices, related accessories,
and liquid nicotine, but does not include a retail business that does
not sell container e-liquid.
VAPOR PRODUCT
Any device that may be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or
e-hookah. "Vapor product" includes any component, part, or accessory
of the device, and also includes any substance that may be aerosolized
or vaporized by such device, regardless of whether the substance contains
nicotine. "Vapor product" does not include any drug, device, or combination
product approved by the federal Food and Drug Administration pursuant
to the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. § 301
et seq.