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• Electronic Delivery Device. Any product containing or delivering nicotine, lobelia, or any
<br />other substance intended for human consumption through the inhalation of aerosol or vapor from
<br />the product. Electronic delivery device includes, but is not limited to, devices manufactured,
<br />marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any
<br />other product name or descriptor. Electronic delivery device includes any component part of a
<br />product, whether or not marketed or sold separately. Electronic delivery device does not include
<br />any product that has been approved or certified by the United States Food and Drug
<br />Administration for sale as a tobacco- cessation product, as a tobacco -dependence product, or for
<br />other medical purposes, and is marketed and sold for such an approved purpose.
<br />• Flavored Product: Any licensed product, whether natural or synthetic, that contains a taste
<br />or smell other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer
<br />either prior to or during the consumption of the product, including, but not limited to, any taste or
<br />smell relating to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any
<br />candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim, whether express
<br />or implied, made or disseminated by the manufacturer of a tobacco or tobacco product, tobacco -
<br />related device, electronic delivery device, and nicotine or lobelia delivery device, or by any
<br />person authorized or permitted by the manufacturer to make or disseminate public statements
<br />concerning such products, that a product has or produces a taste or smell other than tobacco will
<br />constitute presumptive evidence that the product is a flavored product.
<br />• Indoor Area. All space between a floor and a ceiling that is bounded by walls, doorways, or
<br />windows, whether open or closed, covering more than 50 percent of the combined surface area of
<br />the vertical planes constituting the perimeter of the area. A wall includes any retractable divider,
<br />garage door, or other physical barrier, whether temporary or permanent. A standard window
<br />screen (0.011 gauge with an 18 by 16 mesh count) is not considered a wall.
<br />• Licensed Products: Any product containing, made of, or derived from tobacco, nicotine, or
<br />lobelia, regardless of source, whether natural or synthetic, that is intended for human
<br />consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other
<br />means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff,
<br />snus, Tobacco Related Device, or any component, part, or accessory of the same, whether or not
<br />containing tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp
<br />wraps, hookahs, and pipes. "Licensed Product" also includes any electronic delivery device.
<br />"Licensed Product" excludes any product that has been approved by the United States Food and
<br />Drug Administration for legal sale as a tobacco cessation product, as a tobacco dependence
<br />product, or for other medical purposes, and is being marketed and sold solely for such an
<br />approved purpose.
<br />• Loosies. The common term used to refer to a single or individually packaged cigarette or
<br />any other licensed product that has been removed from its intended retail packaging and offered
<br />for sale. The term "loosies" does not include individual cigars with a retail price, before any sales
<br />taxes, of more than $2.00 per cigar.
<br />• Moveable Place of Business. Any form of business operated out of a truck, van,
<br />automobile or other type of vehicle or transportable shelter and not a fixed address, store front or
<br />other permanent type of structure authorized for sales transactions.
<br />• Retail Establishment. Any place of business where licensed products are available for sale
<br />to the general public. The phrase shall include, but not be limited to, grocery stores, convenience
<br />stores, restaurants, drug stores and on -sale or off -sale liquor establishments.
<br />Sale. Any transfer of goods for money, trade, barter or other consideration.
<br />• Self -Service Merchandising. Open display of licensed products in any manner where any
<br />person shall have access to the licensed products, without the assistance or intervention of the
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