Columbia Definitions ordinance (§ 11-310)

(a) Definitions. For the purposes of this section, the following terms shall have the meanings designated:

(1) Alternative nicotine product shall mean any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

(2) Arm's length transaction shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two (2) informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this article is not an arm's length transaction.

(3) Person shall mean any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

(4) Smokeless tobacco shall mean any tobacco products that are suitable for dipping or chewing, such as snuff, chewing tobacco or dipping tobacco, but does not include alternative nicotine products or vapor products.

(5) Tobacco product paraphernalia shall mean any object used, intended for use, or designed for use in inhaling, ingesting or otherwise introducing tobacco products into the human body and shall include, but not be limited to, cigarette wrapping papers and pipes made for smoking tobacco products.

(6) Tobacco products shall mean any substance containing tobacco leaf, including, but not limited to, cigars, cigarettes, pipe tobacco and smokeless tobacco. "Smokeless tobacco" means any tobacco products that are suitable for dipping or chewing, such as snuff, chewing tobacco or dipping tobacco, but does not include alternative nicotine products or vapor products.

(7)

Tobacco retailer shall mean any person who sells, offers for sale, or offers to exchange for any form of consideration tobacco products, tobacco product paraphernalia, alternative nicotine products or vapor products. This definition is without regard to the quantity of tobacco products, tobacco paraphernalia, alternative nicotine products or vapor products sold, offered for sale, exchanged, or offered for exchange.

(8) Tobacco retailer license shall mean the license issued pursuant to this article that authorizes the sale or exchange of tobacco products, tobacco product paraphernalia, alternative nicotine products or vapor products at a certain fixed location by a certain tobacco retailer.

(9) Tobacco retailing shall mean the doing of any business as a tobacco retailer.

(10) Vapor product shall mean any non-combustible product with or without nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, which can be used to produce vapor or aerosol with or without nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a liquid solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include any alternative nicotine product or tobacco product. Vapor product does not include drugs, devices or combination products authorized for sale as a cessation device by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

(11) Vending machine shall mean any mechanical, electric or electronic, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses products.