As used in this part, unless the context otherwise requires:
(1) “Beedies” or “bidis” means a product containing tobacco that is wrapped in temburni leaf (dispyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis. For purposes of this chapter, beedies or bidis shall be considered a tobacco product;
(2) “Commissioner” means the commissioner of agriculture or the commissioner's duly authorized representative;
(3) “Department” means the department of agriculture;
(4) “Person” means any individual, firm, fiduciary, partnership, corporation, trust, or association;
(5) “Proof of age” means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. Except in the case of distribution by mail, the distributor shall obtain a statement from the addressee that the addressee is eighteen (18) years of age or older;
(6) “Public place” means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building;
(7) “Sample” means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the product;
(8) “Sampling” means the distribution of samples to members of the general public in a public place;
(9) “Tobacco product” means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis; and
(10) “Vapor product”:
(A) Means any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit vapor;
(B) Includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge or other container of a solution containing nicotine or any other substance that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product; and
(C) Does not include any product regulated under Chapter V of the Food, Drug, and Cosmetic Act ( 21 U.S.C. § 351 et seq. ).
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