The words, phrases, and terms used in this chapter will have the meaning set forth in this section unless another meaning is clearly apparent from the context.
"Characterizing flavor"means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any by-product produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.
"Cigar lounge"means a business establishment that is dedicated, in whole or in part, to the smoking of cigars and derives 40% or more of its gross revenue on a quarterly (three-month) bases from the sale of premium cigars and is restricted for entrance to persons ages twenty-one and over.
"Constituent"means 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.
"Hookah"means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.
"Hookah tobacco retailer"means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.
"Labeling"means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
"Loose leaf tobacco"consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.
"Packaging"means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.
"Premium cigar"means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf. A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
"Retail location"means both of the following:
A. A building from which tobacco products are sold at retail.
"Self-service display"shall have the meaning set forth in California Business and Professions Code Section
22962, which shall include the open display of tobacco products in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.
"Smoking"shall have the meaning set forth in California Business and Professions Code Section
22950.5. "Smoking" shall include inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product (specifically including "cannabis," as defined by Section
17.52.275(B) of this code) intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
"Tobacco product"shall have the meaning set forth in California Business and Professions Code Section
22950.5. "Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. "Tobacco product" includes any of the following:
A. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
B. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
C. Any component, part, or accessory of a tobacco product, whether or not sold separately.
D. A substance regulated by California Penal Code Section
308, including any tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance.
"Tobacco retailer"means a person who engages in this state in the sale of tobacco products directly to the public from a retail location. "Tobacco retailer" includes a person who operates vending machines from which tobacco products are sold in this state.
"Vending machine"shall have the meaning set forth in California Business and Professions Code Section
22960, which shall include any mechanical device which dispenses personal property (such as a tobacco product) when a coin, bill, token, credit card, or other method of payment is inserted into the mechanical device.
(O2020-011)