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Ordinance 2208
<br /> Exhibit A
<br /> Page 4 of 12
<br /> fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco
<br /> Product for sale or distribution into the United States.
<br /> J. "Package" or "Packaging" means a pack, box, carton, or container of any kind or, if no other
<br /> container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for
<br /> sale to a Consumer.
<br /> K. "Person" shall mean any natural person, firm, partnership, joint venture, unincorporated
<br /> association, corporation, estate, trust, trustee, or any other group or combination of the above
<br /> acting as a unit, or other legal entity, excepting however the United States of America, the state
<br /> of California, and any political subdivision or unit thereof.
<br /> L. "Sale" or "Sell" or "Sold" means any transfer, exchange, barter, gift, sale, distribution for a
<br /> commercial purpose, or offer of any of the foregoing, in any manner or means whatsoever.
<br /> M. "Smoke" or "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated
<br /> cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for
<br /> inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the
<br /> use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any
<br /> form, or the use of any oral smoking device for the purpose of circumventing the prohibition of
<br /> smoking. (See Cal. Health and Safety Code §104495.)
<br /> N. "Tobacco Accessories" means cigarette papers or wrappers, pipes, holders of smoking
<br /> materials of all types, cigarette rolling machines, and any other item designed primarily for the
<br /> smoking or ingestion of Tobacco Products.
<br /> 0. "Tobacco Paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders of
<br /> smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other
<br /> item designed primarily for the smoking or ingestion of Tobacco Products. (See Cal. Business
<br /> and Professions Code §22962.)
<br /> P. "Tobacco Product" means any of the following:
<br /> a. A product containing, made, or derived from tobacco or nicotine that is intended for
<br /> human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled,
<br /> snorted, sniffed, or ingested by any other means, including, but not limited to, Cigarettes,
<br /> Cigars, Little Cigars, chewing tobacco, pipe tobacco, snuff, and blunt wraps.
<br /> b. An electronic device that delivers nicotine, other substances or other vaporized liquids
<br /> to the Person inhaling from the device, including, but not limited to, an Electronic
<br /> Cigarette, electronic cigar, electronic pipe, or electronic hookah.
<br /> c. Any component, part, or accessory of a tobacco product, whether or not sold
<br /> separately.
<br /> d. Exception. "Tobacco Product" does not include drugs, devices or combination of
<br /> products that has been approved by the United States Food and Drug Administration for
<br /> sale as a tobacco cessation product or for other therapeutic purposes where the product
<br /> is marketed and sold solely for such an approved purpose. (See Cal. Business and
<br /> Professions Code §22950.5.)
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