2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. Specific Offenses
Subchapter V Offenses Relating to Children and Vulnerable Adults
§ 1115 Definitions.
(1) “Coupon” means any card, paper, note, form, statement, ticket or other issue distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive any tobacco product without charge or at a discounted price.
(2) “Distribute” means give, deliver or sell, offer to give, deliver or sell, or cause or hire any person to give, deliver or sell, or offer to give, deliver or sell.
(3) “Health warning” means any tobacco product or tobacco substitute label mandated by federal law and intended to alert all users of such tobacco product or tobacco substitute to the health risks associated with tobacco use, including, but not limited to, warning labels imposed under the Federal Cigarette Labeling and Advertising Act (15 U.S.C. § 1331 et seq.) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. § 4401 et seq.).
(4) “Proof of age” means a driver’s license or other government-issued identification with a photograph of the individual affixed thereon that indicates that the individual is 21 years old or older.
(5) “Public place” means any area to which the general public is invited or permitted, including, but not limited to, parks, streets, sidewalks or pedestrian concourses, sports arenas, pavilions, gymnasiums, public malls and property owned, occupied or operated by the State or by any agency thereof.
(6) “Sample” means a tobacco product or tobacco substitute distributed to members of the general public at no cost for the purpose of promoting the product.
(7) “Sampling” means the distribution of samples or coupons for redemption of tobacco products or tobacco substitutes to members of the general public in a public place.
(8) “Tax stamp” means any required state or federal stamp imposed for the purpose of collecting excise tax revenue.
(9) a. “Tobacco product” means any product that is made from or derived from tobacco or that contains nicotine, including:
cigarettes, cigars, pipe tobacco, hookah tobacco, chewing tobacco, snuff, snus, or smokeless tobacco and is intended for human consumption by any means including smoking, heating, chewing, absorbing, dissolving, inhaling, or ingesting.b. “Tobacco product” also means a component or accessory used in the consumption of a tobacco product, including filters, rolling papers, and pipes.
c. “Tobacco product” does not mean a drug, device, or combination product authorized for sale by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.).
(10) “Tobacco store” means any retail establishment where 60% of the retail establishment’s gross revenue comes from the retail sale of tobacco products and smoking paraphernalia.
(11) a. “Tobacco substitute” means an electronic smoking device employing a mechanical heating element, battery, or circuit to produce aerosol or vapor for inhalation into the body of an individual.
b. “Tobacco substitute” also means liquid used in a device under paragraph (11)a. of this section, including liquids that contain nicotine and liquids that do not contain nicotine.
c. “Tobacco substitute” does not mean a drug, device, or combination product authorized for sale by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.).
(12) “Vending machine” means any mechanical, electronic or other similar device which automatically dispenses tobacco products or tobacco substitutes, usually upon the insertion of a coin, token or slug.
70 Del. Laws, c. 318, § 4; 79 Del. Laws, c. 249, § 1; 82 Del. Laws, c. 10, § 1.
