Last updated: February 19, 2022
“Electronic cigarette” means a product that can be used for consumption of nicotine-containing vapor via a mouthpiece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank. Electronic cigarettes can be disposable or refillable by means of a refill container or a tank, or rechargeable with disposable cartridges.
“Related products” means products made of plants for smoking and products which contain nicotine, including electronic cigarettes.
The definition of “related products” is significant because e-cigarettes are considered “related products” under the law.
“Smoking” means being in possession or in control of a lit tobacco product or which is smoldering, or a related product, regardless of whether the smoke is being actively inhaled or exhaled. For the purposes of this Law, possession or control of an activated device for heating a smokeless tobacco product or a related product that does not involve a combustion or smoldering process, or any other new tobacco product that does not involve a combustion or smoldering process, regardless of whether the aerosol is being actively inhaled or exhaled, is considered smoking.
The definition of “smoking” is significant because it includes possession or control of an activated device for heating a related product that does not involve a combustion or smoldering process. E-cigarettes are specifically included in the definition of “related products.” Thus, e-cigarette use is to be considered “smoking” under the law.
“Refill container” means a receptacle that contains a nicotine-containing liquid and/or other harmful substances, which can be used to refill an electronic cigarette.
The definition of “refill container” is significant because the law prescribes certain requirements for refill containers.