                                 CODE OF VIRGINIA

DEFINITIONS (§ 58.1-1021.01)

As used in this article, unless the context requires a different
meaning:		&#8220;Actual cost&#8221; means the actual price paid by a remote
retail seller for each individual stock keeping unit or SKU.		&#8220;Alternative
nicotine product&#8221; means any noncombustible product containing nicotine
that is not made of tobacco and is intended for human consumption, whether
chewed, absorbed, dissolved, or ingested by any other means. &#8220;Alternative
nicotine product&#8221; does not include any nicotine vapor product or any
product regulated as a drug or device by the U.S. Food and Drug Administration
(FDA) under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and
Cosmetic Act.		&#8220;Cigar&#8221; means any roll of tobacco wrapped in leaf
tobacco or in any substance containing tobacco, other than any roll of tobacco
that is a cigarette as such term is defined in § 58.1-1000.		&#8220;Closed
system&#8221; means any nicotine vapor product capable of utilizing a disposable
container that is (i) prefilled with liquid nicotine and sealed by the
manufacturer, (ii) not easily refillable or intended or designed to be
refillable, and (iii) intended or used to dispense liquid nicotine for use in a
nicotine vapor product that is intended or designed for reuse. &#8220;Closed
system&#8221; does not include any open system.		&#8220;Consumer&#8221; means
the person who is the end or final user of tobacco products or liquid
nicotine.		&#8220;Delivery sale&#8221; means a sale of liquid nicotine or
nicotine vapor products to a consumer in the Commonwealth in which the consumer
submits the order for the sale by telephone, over the Internet, or through the
mail or another delivery system, and where the liquid nicotine or nicotine vapor
products are shipped through a delivery service. &#8220;Delivery sale&#8221;
does not include a sale of liquid nicotine or nicotine vapor products not for
personal consumption to a person who is a manufacturer, distributor, or retail
dealer.		&#8220;Distributor&#8221; means (i) any person engaged in the business
of selling tobacco products in the Commonwealth who brings, or causes to be
brought, into the Commonwealth from outside the Commonwealth any tobacco
products for sale; (ii) any person who makes, manufactures, fabricates, or
stores tobacco products in the Commonwealth for sale in the Commonwealth; (iii)
any person engaged in the business of selling tobacco products outside the
Commonwealth who ships or transports tobacco products to any person in the
business of selling tobacco products in the Commonwealth; or (iv) any retail
dealer in possession of untaxed tobacco products in the
Commonwealth.		&#8220;Heated tobacco product&#8221; means a product other than a
cigarette intended to be heated, as such term is defined in § 58.1-1000,
containing tobacco that produces an inhalable aerosol (i) by heating the tobacco
by means of an electronic device without combustion of the tobacco or (ii) by
heat generated from a combustion source that only or primarily heats rather than
burns the tobacco.		&#8220;Liquid nicotine&#8221; means a liquid or other
substance containing nicotine in a concentration that is sold, marketed, and
intended for use in a nicotine vapor product.		&#8220;Loose leaf tobacco&#8221;
means any leaf tobacco that is not intended to be smoked but does not include
moist snuff. Loose leaf tobacco weight unit categories shall be as follows:

1. &#8220;Loose leaf tobacco half pound-unit&#8221; means a consumer-sized unit,
pouch, or package containing at least four ounces but not more than eight ounces
of loose leaf tobacco, by net weight, produced by the manufacturer to be sold to
consumers as a single unit and not produced to be divided or sold separately and
containing one individual package.

2. &#8220;Loose leaf tobacco pound-unit&#8221; means a consumer-sized unit,
pouch, or package containing more than eight ounces of loose leaf tobacco, by
net weight, produced by the manufacturer to be sold to consumers as a single
unit and not produced to be divided or sold separately and containing one
individual package.

3. &#8220;Loose leaf tobacco single-unit&#8221; means a consumer-sized unit,
pouch, or package containing less than four ounces of loose leaf tobacco, by net
weight, produced by the manufacturer to be sold to consumers as a single unit
and not produced to be divided or sold separately and containing one individual
package.
			&#8220;Manufacturer&#8221; means a person who manufactures or produces
tobacco products and sells tobacco products to a
distributor.			&#8220;Manufacturer&#8217;s representative&#8221; means a person
employed by a manufacturer to sell or distribute the manufacturer&#8217;s
tobacco products.			&#8220;Manufacturer&#8217;s sales price&#8221; means the
actual price for which a manufacturer, manufacturer&#8217;s representative, or
any other person sells tobacco products to an unaffiliated
distributor.			&#8220;Moist snuff&#8221; means a tobacco product consisting of
finely cut, ground, or powdered tobacco that is not intended to be smoked but
does not include any finely cut, ground, or powdered tobacco that is intended to
be placed in the nasal cavity.			&#8220;Nicotine vapor product&#8221; means any
noncombustible product containing nicotine 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 in
a solution or other form, including liquid nicotine. &#8220;Nicotine vapor
product&#8221; includes any electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, closed system, open system, or similar product or
device and any cartridge or other container of nicotine in a solution or other
form, including liquid nicotine, that is intended to be used with or in an
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device. &#8220;Nicotine vapor product&#8221; does not
include any product regulated by the FDA under Chapter V (21 U.S.C. &#xA7; 351
et seq.) of the Federal Food, Drug, and Cosmetic Act.			&#8220;Open
system&#8221; means a nicotine vapor product designed and intended by the
manufacturer to be reusable and refilled with liquid nicotine of the end
user&#8217;s choice. &#8220;Open system&#8221; does not include any closed
system.			&#8220;Person&#8221; means any individual, corporation, partnership,
association, company, business, trust, joint venture, or other legal
entity.			&#8220;Pipe tobacco&#8221; means any tobacco that, because of its
appearance, type, packaging, or labeling, is suitable for use and likely to be
offered or purchased by consumers as tobacco to be smoked in a
pipe.			&#8220;Remote retail sale&#8221; means any sale of cigars or pipe
tobacco to a consumer in the Commonwealth when (i) the consumer submits the
order for the sale by means of a telephone or other method of voice
transmission, the mail, or the Internet or other online service, or the seller
is otherwise not in the physical presence of the consumer when the request for
the purchase or order is made, or (ii) the cigars or pipe tobacco are delivered
to the consumer by common carrier, private delivery service, or other method of
remote delivery, or the seller is not in the physical presence of the consumer
when the buyer obtains possession of the cigars or pipe tobacco.			&#8220;Remote
retail seller&#8221; means a person located within or outside of the
Commonwealth that makes remote retail sales of cigars or pipe
tobacco.			&#8220;Retail dealer&#8221; means every person that sells or offers
for sale any tobacco product or liquid nicotine to consumers at retail in a
transaction other than a remote retail sale and includes any person that holds
an approved Retail Sales and Use Tax Exemption Certificate for Stamped
Cigarettes Purchased for Resale or an Other Tobacco Products Distributor&#8217;s
License issued by the Department of Taxation.			&#8220;SKU&#8221; means an
individual stock keeping unit identifier used for tracking
inventory.			&#8220;Tobacco product&#8221; or &#8220;tobacco products&#8221;
means (i) &#8220;cigar&#8221; as defined in &#xA7; 5702(a) of the Internal
Revenue Code, and as such section may be amended; (ii) &#8220;smokeless
tobacco&#8221; as defined in &#xA7; 5702(m) of the Internal Revenue Code, and as
such section may be amended; or (iii) &#8220;pipe tobacco&#8221; as defined in
&#xA7; 5702(n) of the Internal Revenue Code, and as such section may be amended.
&#8220;Tobacco products&#8221; also includes loose leaf tobacco.

HISTORY: 2004, Sp. Sess. I, c. 3; 2005, c. 71; 2006, c. 768; 2010, cc. 191, 804;
2019, c. 790; 2022, cc. 738, 779; 2024, cc. 611, 796, 821.