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NICOTINE OR LOBELIA DELIVERY DEVICES. Any product containing or delivering nicotine
<br />or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in
<br />this section, not including any product that has been approved or otherwise certified for legal sale by the
<br />United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other
<br />medical puposes, and is being marketed and sold solely for that approved purpose.
<br />RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tohacco -
<br />related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The
<br />phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores.
<br />SALE. Any transfer of goods for money, trade, barter or other consideration.
<br />SELF - SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, tobacco -
<br />related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access
<br />to the tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices, without
<br />the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention
<br />shall entail the actual physical exchange of the tobacco, tobacco product, tobacco - related device, or
<br />nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales
<br />are interpreted as being any sale where there is not an actual physical exchange of the product between
<br />the clerk and the customer.
<br />SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any
<br />other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar,
<br />cigarette, pipe, or any other lighted or heated tohacco or plant product intended for inhalation.
<br />TOBACCO or TOBACCO PRODUCTS. Tobacco and tohacco products includes cigarettes and any
<br />product containing, made, or derived from tobacco that is intended for human consumption, whether
<br />chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any
<br />component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug
<br />cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist
<br />tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of
<br />tohacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been
<br />approved by the United States Food and Drug Administration for sale as a tohacco cessation product, as a
<br />tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for
<br />such an approved purpose.
<br />TOBACCO - RELATED DEVICES. Tobacco - related devices includes any tohacco product as well
<br />as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a
<br />manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.
<br />VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which
<br />dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or
<br />other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco
<br />product or tobacco - related device.
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