Title 11
Criminal Offenses

Chapter 9
Children

R.I. Gen. Laws § 11-9-13.4

§ 11-9-13.4. Definitions.

As used in this chapter:

(1) “Bidi cigarette” means any product that (i) Contains tobacco that is wrapped in temburni or tender leaf, or that is wrapped in any other material identified by rules of the department of health that is similar in appearance or characteristics to the temburni or tender leaf, and (ii) Does not contain a smoke filtering device.

(2) “Court” means any appropriate district court of the state of Rhode Island.

(3) “Dealer” is synonymous with the term “retail tobacco products dealer.”

(4) “Department of behavioral healthcare, developmental disabilities and hospitals” means the state of Rhode Island behavioral healthcare, developmental disabilities and hospitals department, its employees, agents, or assigns.

(5) “Department of taxation” means the state of Rhode Island taxation division, its employees, agents, or assigns.

(6) “Electronic nicotine-delivery system” means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic little cigars, electronic pipe, or electronic hookah, “heat not burn products,” e-liquids, e-liquid products, or any related device and any cartridge or other component of such device.

(7) “Electronic nicotine-delivery system product” means any combination of electronic nicotine-delivery system and/or e-liquid and/or any derivative thereof, and/or any e-liquid container. Electronic nicotine-delivery system products shall not include hemp-derived consumable cannabidiol (CBD) products as defined in § 2-26-3.

(8) “E-liquid” and “e-liquid products” means any liquid or substance placed in or sold for use in an electronic nicotine-delivery system that generally utilizes a heating element that aerosolizes, vaporizes, or combusts a liquid or other substance containing nicotine or nicotine derivative:

(i) Whether the liquid or substance contains nicotine or a nicotine derivative; or

(ii) Whether sold separately or sold in combination with a personal vaporizer, electronic nicotine-delivery system, or an electronic inhaler.

(9) “License” is synonymous with the term “retail tobacco products dealer license” or “electronic nicotine-delivery system license” or any license issued under chapter 20 of title 44 or chapter 1 of title 23.

(10) “License holder” is synonymous with the term “retail tobacco products dealer” or “electronic nicotine-delivery system license” or any licenses issued under chapter 20 of title 44 or chapter 1 of title 23.

(11) “Little cigars” means and includes any roll, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco wrapped in leaf tobacco or any substance containing tobacco paper or any other material and where such roll has an integrated filter, except where such wrapper is wholly or in greater part made of tobacco and where such roll has an integrated filter and weighs over four (4) pounds per thousand (1,000).

(12) “Person” means any individual person, firm, fiduciary, partnership, trust, association, or corporation licensed as a retail dealer to sell tobacco products within the state.

(13) “Retail tobacco products dealer” means the holder of a license to sell tobacco products at retail and shall include holders of all other licenses issued under chapter 20 of title 44 or chapter 1 of title 23.

(14) “Retail tobacco products dealer license” means a license to sell tobacco products at retail as issued by the department of taxation.

(15) “Spitting tobacco” also means snuff, powdered tobacco, chewing tobacco, dipping tobacco, pouch tobacco, or smokeless tobacco.

(16) “Tobacco product(s)” means any product(s) containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a little cigar as defined in § 44-20.2-1, and any and all products as defined in § 44-20-1, electronic nicotine-delivery system products, or any added substance that may be aerosolized, vaporized, or otherwise delivered by such an electronic nicotine-delivery system device, whether or not that substance contains nicotine.

(i) “Tobacco product(s)” does not include drugs, devices, or combination products intended to treat tobacco or nicotine dependence that are authorized by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. Nor does it include such authorized drugs, devices, or combination products with such treatment purpose by individuals under age twenty-one (21) if prescribed by a licensed prescriber such as a physician, nurse practitioner, or physician assistant.

(17) “Underage individual” or “underage individuals” means any individual under the age of twenty-one (21).

History of Section.
P.L. 1996, ch. 321, § 1; P.L. 2001, ch. 124, § 1; P.L. 2001, ch. 149, § 1; P.L. 2001, ch. 391, § 1; P.L. 2008, ch. 104, § 3; P.L. 2014, ch. 182, § 1; P.L. 2014, ch. 223, § 1; P.L. 2021, ch. 204, § 1, effective July 7, 2021; P.L. 2021, ch. 205, § 1, effective July 7, 2021.