As used in the Prevention of Youth Access to Tobacco Act: 1. "Nicotine product" means any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption; provided, however, this term shall not include products approved by the United States Food and Drug Administration for smoking cessation; 2. "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed; 3. "Proof of age" means a driver license, license for identification only, or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid; 4. "Sample" means a tobacco product, nicotine product or vapor product distributed to members of the public at no cost for the purpose of promoting the product; 5. "Sampling" means the distribution of samples to members of the public in a public place; 6. "Tobacco product" means any product that contains tobacco and is intended for human consumption; 7. "Transaction scan" means the process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification; 8. "Transaction scan device" means any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification; and 9. "Vapor product" shall mean noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. "Vapor products" shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. Added by Laws 1994, c. 137, § 3, eff. July 1, 1994. Amended by Laws 1996, c. 144, § 1, eff. Nov. 1, 1996; Laws 2000, c. 277, § 1, eff. Nov. 1, 2000 and Laws 2000, c. 342, § 9, eff. July 1, 2000; Laws 2014, c. 162, § 3, eff. Nov. 1, 2014. Renumbered from § 600.2 of Title 37 by Laws 2016, c. 366, § 171, eff. Oct. 1, 2018. Amended by Laws 2020, c. 70, § 4, emerg. eff. May 19, 2020; Laws 2021, c. 554, § 4, emerg. eff. May 28, 2021. NOTE: Laws 2000, c. 277, § 1 and Laws 2000, c. 342, § 9 contain duplicate amendments. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
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