722.644 Definitions.
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722.644 Definitions.
Sec. 4.
As used in this act:
(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. Alternative nicotine product does not include a tobacco product, a vapor product, food, or a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.
(b)"Minor" means an individual who is less than 21 years of age.
(c)"Person who sells vapor products or alternative nicotine products at retail" means a person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products or alternative nicotine products.
(d)"Person who sells tobacco products at retail" means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax.
(e)"Public place" means a public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or public place of business.
(f)"Tobacco product" means a product that contains tobacco and is intended for human consumption, including, but not limited to, a cigarette, noncigarette smoking tobacco, or smokeless tobacco, as those terms are defined in section 2 of the tobacco products tax act, 1993 PA 327, MCL 205.422, and a cigar.
(g)"Use a tobacco product, vapor product, or alternative nicotine product" means to smoke, chew, suck, inhale, or otherwise consume a tobacco product, vapor product, or alternative nicotine product.
(h)"Vapor product" means a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.
History: Add. 1988, Act 314, Eff. Mar. 30, 1989 ;-- Am. 1992, Act 272, Imd. Eff. Dec. 16, 1992 ;-- Am. 2006, Act 236 , Eff. Sept. 1, 2006 ;-- Am. 2019, Act 18 , Eff. Sept. 2, 2019 ;-- Am. 2022, Act 167 , Imd. Eff. July 21, 2022
Compiler's Notes: Previous section 4 of this act was not compiled. See Act 267 of 1945, Obsolete and inoperative laws repealed.