(a) In this title the following words have the meanings indicated. (b) "County license" means a license issued by the clerk to sell electronic smoking devices to consumers in a county. (c) (1) "Electronic smoking device" means a device that can be used to deliver aerosolized or vaporized nicotine to an individual inhaling from the device. (2) "Electronic smoking device" includes: (i) an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and (ii) except as provided in paragraph (3) of this subsection, any component, part, or accessory of such a device regardless of whether or not it is sold separately, including any substance intended to be aerosolized or vaporized during use of the device. (3) "Electronic smoking device" does not include: (i) a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act; or (ii) a battery or battery charger when sold separately. (d) "Electronic smoking devices manufacturer" means a person that: (1) manufactures, mixes, or otherwise produces electronic smoking devices intended for sale in the State, including electronic smoking devices intended for sale in the United States through an importer; and (2) (i) sells electronic smoking devices to a consumer, if the consumer purchases or orders the devices through the mail, a computer network, a telephonic network, or another electronic network, a licensed electronic smoking devices wholesaler distributor, or a licensed electronic smoking devices wholesaler importer in the State; (ii) if the electronic smoking devices manufacturer also holds a license to act as an electronic smoking devices retailer or a vape shop vendor, sells electronic smoking devices in the same manner as a vape shop vendor to consumers located in the State; or (iii) unless otherwise prohibited or restricted under local law, this article, or the Criminal Law Article, distributes sample electronic smoking devices to a licensed electronic smoking devices retailer or vape shop vendor. (e) "Electronic smoking devices retailer" means a person that: (1) sells electronic smoking devices to consumers; (2) holds electronic smoking devices for sale to consumers; or (3) unless otherwise prohibited or restricted under local law, this article, the Criminal Law Article, or § 24-305 of the Health - General Article, distributes sample electronic smoking devices to consumers in the State. (f) "Electronic smoking devices wholesaler distributor" means a person that: (1) obtains at least 70% of its electronic smoking devices from a holder of an electronic smoking devices manufacturer license under this subtitle or a business entity located in the United States; and (2) (i) holds electronic smoking devices for sale to another person for resale; or (ii) sells electronic smoking devices to another person for resale. (g) "Electronic smoking devices wholesaler importer" means a person that: (1) obtains at least 70% of its electronic smoking devices from a business entity located in a foreign country; and (2) (i) holds electronic smoking devices for sale to another person for resale; or (ii) sells electronic smoking devices to another person for resale. (h) "Executive Director" means the Executive Director of the Alcohol, Tobacco, and Cannabis Commission. (i) "License" means: (1) a license issued by the Executive Director under § 16.7-203(a) of this title to: (i) act as a licensed electronic smoking devices manufacturer; (ii) act as a licensed electronic smoking devices wholesaler distributor; or (iii) act as a licensed electronic smoking devices wholesaler importer; or (2) a license issued by the clerk under § 16.7-203(b) of this title to: (i) act as a licensed electronic smoking devices retailer; or (ii) act as a licensed vape shop vendor. (j) "Sell" means to exchange or transfer, or to agree to exchange or transfer, title or possession of property, in any manner or by any means, for consideration. (k) "Vape shop vendor" means an electronic smoking devices business that sells electronic smoking devices and related accessories to consumers on the premises of its place of business. (l) "Vaping liquid" means a liquid that: (1) consists of propylene glycol, vegetable glycerin, or other similar substance; (2) may or may not contain natural or artificial flavors; (3) may or may not contain nicotine; and (4) converts to vapor intended for inhalation when heated in an electronic device.
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