TITLE 23
Health and Safety

CHAPTER 23-1
Department of Health

SECTION 23-1-55


§ 23-1-55 Electronic nicotine delivery system distributor, and dealer licenses required – Definitions.

Definitions. Whenever used in §§ 23-1-56 to 23-1-58, unless the context requires otherwise:

(1) "Dealer" means any person, whether located within or outside of this state, who sells or distributes electronic nicotine-delivery system products to a consumer in this state;

(2) "Distributor" means any person:

(i) Whether located within or outside of this state, other than a dealer, who sells or distributes electronic nicotine-delivery system products within or into this state. Such term shall not include any electronic nicotine-delivery system products manufacturer, export warehouse proprietor, or importer with a valid permit, if such person sells or distributes electronic nicotine-delivery system products in this state only to licensed distributors or to an export warehouse proprietor or another manufacturer with a valid permit;

(ii) Selling electronic nicotine-delivery system products directly to consumers in this state by means of at least twenty-five (25) electronic nicotine-delivery system product vending machines;

(iii) Engaged in this state in the business of manufacturing electronic nicotine-delivery system products or any person engaged in the business of selling electronic nicotine-delivery system products to dealers, or to other persons, for the purpose of resale only; provided that seventy-five percent (75%) of all electronic nicotine-delivery system products sold by that person in this state are sold to dealers or other persons for resale and selling electronic nicotine-delivery system products directly to at least forty (40) dealers or other persons for resale; or

(iv) Maintaining one or more regular places of business in this state for that purpose; provided, that seventy-five percent (75%) of the sold electronic nicotine-delivery system products are purchased directly from the manufacturer and selling electronic nicotine-delivery system products directly to at least forty (40) dealers or other persons for resale;

(3) "Electronic nicotine-delivery system" means the products as defined in § 11-9-13.4(15).

History of Section.
(P.L. 2014, ch. 182, § 2; P.L. 2014, ch. 223, § 2.)