[Editor's note: This section takes effect only if a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following the article heading.] As used in this article 28.6, unless the context otherwise requires:
(1) "Delivery sale" means a sale of nicotine products to a consumer in this state when:
The consumer submits an order for the nicotine products to a delivery seller for saleby means other than an over-the-counter sale on the delivery seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and
The nicotine products are delivered when the seller is not in the physical presence ofthe consumer when the consumer obtains possession of the nicotine products by use of a common carrier, private delivery service, mail, or any other means.
"Delivery seller" means a person located outside of this state who makes deliverysales.
"Department" means the department of revenue.
"Distributor" means every person who:
First receives nicotine products in this state;
Sells nicotine products in this state and is primarily liable for the nicotine productstax on the nicotine products;
First sells or offers for sale in this state nicotine products imported into this statefrom any other state or country; or (d) Makes a delivery sale.
"Manufacturer's list price" means the invoice price for which a manufacturer or supplier sells a nicotine product to a distributor exclusive of any discount or other reduction.
"Modified risk tobacco product" means any tobacco product for which the secretaryof the United States department of health and human services has issued an order authorizing the product to be commercially marketed as a modified risk tobacco product in accordance with 21 U.S.C. sec. 387k, or any successor section; except that the term does not include a noncombustible product that produces vapor or aerosol for inhalation from the application of a heating element to a liquid substance containing nicotine.
"Nicotine product" means a product that contains nicotine derived from tobacco orcreated synthetically that is intended for human consumption, whether by vaporizing, chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, aerosolizing, or by any other means, and that is not:
A cigarette;
Tobacco products, as defined in section 39-28.5-101 (5); or
A drug, device, or combination product authorized for sale by the United States department of health and human services, as those terms are defined in the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq.
(8) "Sale" means any transfer, exchange, or barter, in any manner or by any means whatsoever, for a consideration, including all sales made by any person. The term includes:
A gift by a person engaged in the business of selling nicotine products, for advertising, as a means of evading the provisions of this article 28.6, or for any other purposes whatsoever; and
A delivery sale.
Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1197, § 18, effective (see editor's note).