47 Cigarettes, Smokeless Tobacco, and Electronic Nicotine Delivery Systems

471 Definitions

471.1 Cigarette

Any roll of tobacco wrapped in paper or in any substance not containing tobacco, and any roll of tobacco wrapped in any substance containing tobacco, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette. The term cigarette includes roll-your-own tobacco and excludes cigars.

471.2 Smokeless Tobacco

Any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted.

471.3 Cigar

Any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, unless, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.

471.4 Roll-Your-Own Tobacco

Any tobacco, 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 or cigars, or for use as wrappers thereof.

471.5 Electronic Nicotine Delivery System (ENDS)

Any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device. ENDS include but are not limited to the following:

  1. Electronic cigarettes (e-cigarettes).
  2. Electronic hookahs (e-hookahs).
  3. Electronic cigars (e-cigars).
  4. Vape pens.
  5. Advanced refillable personal vaporizers.
  6. Electronic pipes.

Any reference to ENDS includes any component, liquid, part, or accessory of an ENDS device, regardless of whether the component, liquid, part, or accessory is sold or provided separately from the device, or regardless of whether it contains or is used with nicotine.

471.6 Covered Product

For purposes of chapter 47, any cigarette, smokeless tobacco, or ENDS.

471.7 Consumer Testing

Testing limited to formal data collection and analysis for the specific purpose of evaluating the product for quality assurance and benchmarking purposes of cigarette brands or sub-brands among existing adult smokers.

471.8 State

Any of the 50 states of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

471.9 Minimum Age

The minimum age to send or receive covered products (see 471.6) is 21 years old (the federally required minimum age for the sale or purchase of covered products), or such higher age that a state or municipality may impose for the legal sale or purchase of covered products at the place of acceptance or delivery, as appropriate.