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H. "Tobacco Product" means:
<br />1. any product containing, made, or derived from tobacco or nicotine that is
<br />intended for human consumption, whether smoked, heated, chewed, absorbed,
<br />dissolved, inhaled, snorted, sniffed, or ingested by any other means, including,
<br />but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco,
<br />snuff;
<br />2. any electronic device that delivers nicotine or other substances to the person
<br />inhaling from the device, including, but not limited to an electronic cigarette,
<br />electronic cigar, electronic pipe, or electronic hookah.
<br />3. Notwithstanding any provision of subsections (1) and (2) to the contrary,
<br />"Tobacco Product" includes any component, part, or accessory intended or
<br />reasonably expected to be used with a Tobacco Product, whether or not sold
<br />separately.
<br />"Tobacco Product" does not include drugs, devices, or combination
<br />products authorized for sale by the United States Food and Drug
<br />Administration, as those terms are defined in the Federal Food, Drug,
<br />and Cosmetic Act.
<br />"Tobacco Retailer" means any person who sells, offers for sale, or does or offers to
<br />exchange for any form of consideration, tobacco, Tobacco Products or Tobacco
<br />Paraphernalia. "Tobacco Retailing" shall mean the doing of any of these things. This
<br />definition is without regard to the quantity of Tobacco Products or Tobacco
<br />Paraphernalia sold, offered for sale, exchanged, or offered for exchange.
<br />1. Exempt from the definition of Tobacco Retailer is a wholesaler, or distributor to
<br />wholesalers, other distributors, and retailers.
<br />9.31.030 Prohibition.
<br />A. It shall be unlawful for any Tobacco Retailer or any of the Tobacco Retailer's agents or
<br />employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any
<br />Flavored Tobacco Product.
<br />B. There shall be a rebuttable presumption that a Tobacco Retailer in possession of four
<br />or more Flavored Tobacco Products, including but not limited to individual Flavored
<br />Tobacco Products, packages of Flavored Tobacco Products, or any combination
<br />thereof, possesses such Flavored Tobacco Products with intent to sell or offer for sale.
<br />C. There shall be a rebuttable presumption that a Tobacco Product is a Flavored
<br />Tobacco Product if a Tobacco Retailer, Manufacturer, or any employee or agent of a
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