438.305 Definitions for KRS 438.305 to 438.350.
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/ky/chapter-438/438-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 438.305 to 438.350, unless the context requires otherwise:
(a)"Alternative nicotine product" means a noncombustible product containing
nicotine that is intended for human consumption, whether chewed, absorbed,
dissolved, or ingested by any other means.
(b)"Alternative nicotine product" does not include 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)"Authorized nicotine vapor product" means a vapor product for which the
manufacturer:
(a)Has obtained authorization from the FDA;
(b)Timely pursued a path to market for a nicotine product containing tobacco-
derived nicotine that was commercially marketed in the United States as of
August 8, 2016, for which the manufacturer submitted a premarket tobacco
product application on or before September 9, 2020, to the FDA, that:
1. Remains under review, but has not received either a marketing denial
order or a marketing granted order; or
2. Has received a marketing denial order, but remains under a stay by the
FDA or continues to be subject to an appeal to the FDA or review by a
court of competent jurisdiction; or
(c)Has obtained a marketing denial order that has been rescinded by the FDA or
vacated by a court of competent jurisdiction;
(3)"Commissioner" means the commissioner of the Department of Alcoholic Beverage
Control;
(4)"Contraband property" means any article, item, or property, except real property,
that is used or intended to be used in violation of KRS 438.305 to 438.350;
(5)"Department" means the Department of Alcoholic Beverage Control;
(6)"Distributor" or "wholesaler" means any person who distributes alternative nicotine
products, tobacco products, or authorized nicotine vapor products for the purpose of
being sold at retail;
(7)"FDA" means the United States Food and Drug Administration;
(8)"Investigator" means any employee of the department who is a certified peace
officer;
(9)"Manufacturer" means any person who manufactures or produces tobacco products
within or without this Commonwealth;
(10)"Nonresident wholesaler" means any person who purchases cigarettes or other
tobacco products directly from the manufacturer and maintains a permanent
location or locations outside this state at which Kentucky cigarette tax evidence is
attached or from which Kentucky cigarette tax is reported and paid;
(11)"Premises" means the land and building upon which any business operating under
KRS 438.305 to 438.350 is operated;
(12)"Proof of age" means a driver's license or other documentary or written evidence of
an individual's age;
(13)"Resident wholesaler" means any person who purchases at least seventy-five
percent (75%) of all cigarettes or other tobacco products purchased by that person
directly from the cigarette manufacturer on which the cigarette tax provided for in
KRS 138.130 to 138.205 is unpaid, and who maintains an established place of
business in this state at which the person attaches cigarette tax evidence or receives
untaxed cigarettes;
(14)"Retailer" means any person who sells tobacco products, alternative nicotine
products, or vapor products to a consumer for any purpose other than resale;
(15)"Sample" means a tobacco product, alternative nicotine product, or vapor product
distributed to members of the general public at no cost;
(16)"Subjobber" means any person who purchases tobacco products, on which the
Kentucky cigarette tax has been paid, from a wholesaler licensed pursuant to KRS
138.195, and makes them available to a retail establishment for resale;
(a)"Tobacco product" means any cigarette, cigar, snuff, smokeless tobacco
product, smoking tobacco, chewing tobacco, and any kind or form of tobacco
prepared in a manner suitable for chewing or smoking, or both, or any kind or
form of tobacco that is suitable to be placed in a person's mouth. "Tobacco
product" also means any product made or derived from tobacco that is
intended for human consumption, including any component, part, or accessory
of a tobacco product, except for raw materials other than tobacco used in
manufacturing any component, part, or accessory of a tobacco product, in
accordance with the federal Tobacco Control Act, Pub. L. No. 111-31.
(b)"Tobacco product" does not include any alternative nicotine product, vapor
product, or 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; and
(a)"Vapor product" means any noncombustible product that employs a heating
element, battery, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape or size and including the
component parts and accessories thereto, that can be used to deliver vaporized
nicotine or other substances to users inhaling from the device. "Vapor
product" includes but is not limited to any device deemed to be an electronic
nicotine delivery system by the United States Food and Drug Administration,
any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device and every variation thereof, regardless of whether
marketed as such, and any vapor cartridge or other container of a liquid
solution or other material that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar
product or device.
(b)"Vapor product" does not include any product regulated as a drug or device
by:
1. The United States Food and Drug Administration under Chapter V of
the Food, Drug, and Cosmetic Act; and 2. KRS Chapter 218A.