47 Cigarettes, Smokeless Tobacco, and Electronic Nicotine Delivery Systems

471 Definitions

The following definitions apply:

1. Cigarette: Any roll of tobacco wrapped in paper or in any substance not containing tobacco, or a roll of tobacco wrapped in any substance containing tobacco that, due to 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.
2. Smokeless Tobacco: Any finely cut, ground, powdered, or leaf tobacco intended to be placed in the oral or nasal cavity or otherwise consumed without combustion.
3. Cigar: Any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, unless, due to 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.
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.
5. Electronic Nicotine Delivery System (ENDS): Any electronic device that delivers nicotine, flavor, or any other substance through an aerosolized solution. ENDS include but are not limited to:
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 they are sold or provided separately or contains or is used with nicotine.

6. Covered Product: For purposes of Section 47, any cigarette, smokeless tobacco, or ENDS.
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.
8. State: Any of the 50 states of the United States, D.C., and any commonwealth, territory, or possession of the United States.
9. Minimum Age: The minimum age to send or receive covered products -as defined in item f. (above)—is 21 years old, in compliance with the federally mandated minimum age, or any higher age requirement that may be imposed by state or municipal law for the legal sale or purchase of covered products at the place of acceptance or delivery, as applicable.