Or. Admin. Code § 333-015-0207

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-015-0207 - Retail Sale of Tobacco Products and Inhalant Delivery Systems: Definitions

The following definitions apply to these rules unless the context indicates otherwise:

(1) "Annual Oregon Health Authority license application fee" or "annual Authority license application fee" means the fee adopted by the Authority in OAR 333-015-0227 to be paid by a retailer of tobacco products or inhalant delivery systems at the time that the retailer submits an application under OAR 150-323-0500.

(2) "Authority" means the Oregon Health Authority.

(3) "Department" means the Oregon Department of Revenue.

(4) "Department of Revenue fee" means the annual fee adopted by the Department to be paid by a retailer at the same time the annual Authority license application fee is paid.

(5) "Designee" means the agent, or employee of the retailer.

(6)

(a) "Inhalant delivery system" means:

(A) A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or

(B) A component of a device described in this subsection or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this subsection, whether the component or substance is sold separately or is not sold separately.

(b) Inhalant delivery system does not include:

(A) Any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose; and

(B) Tobacco products, as defined in ORS 431A.175 and set out in the definitions below.

(7) "Local fee" means a fee adopted by a city or governing body of a Local Public Health Authority adopted by an ordinance to be paid by a retailer.

(8) "Local Public Health Authority" or "LPHA" means a county government; a health district formed under ORS 431.443; or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010. This does not include LPHAs requiring a license or other authorization as described in ORS 431A.220.

(9) "Misbranded and adulterated tobacco product" has the meaning defined in Section 902 and 903 of the Federal Food, Drug, and Cosmetic Act.

(10) "Premises" means the real property, as designated by a unique address, on which a business that makes retail sales of tobacco products or inhalant delivery systems is located. When used in these rules, "premises" includes "establishments", as used in ORS 431A.183.

(11) "Retailer" means a person or entity, as that term is defined in ORS 60.001, that sells for consideration, offers for retail sale, holds for sale, or exchanges or offers to exchange tobacco products or inhalant delivery systems or that distributes free or low-cost samples of tobacco products or inhalant delivery systems from a premises.

(12) "These rules" means OAR 333-015-0202 to 333-015-0272.

(13) "Tobacco product" means bidis, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, cavendish, shisha, hookah tobacco, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cutting and sweepings of tobacco prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, cigarettes, or a device that can be used to deliver tobacco products to a person using the device that has not been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose as defined in ORS 431A.175.

(14) "Tobacco retail license" means a license issued by the Department to a retailer for the sale of tobacco products or inhalant delivery systems.

(15) "Tobacco retail license fee" means the fee adopted by the Department in OAR 150-323-0500, the fee adopted by the Authority in OAR 333-015-0227, and any local fee adopted by a city or governing body of a LPHA where a retailer is located.

(16) "Unique address" means the physical location of the premises where tobacco products or inhalant delivery systems are sold and may be designated by a street number and name, unit, rural route number, or other designation as recognized by the Unites States Postal Office.

(17) "Vending machine" means a device that, upon the insertion of tokens, money or another form of payment, dispense tobacco product(s) or inhalant delivery system(s).

Or. Admin. Code § 333-015-0207

PH 16-2022, adopt filed 02/10/2022, effective 2/10/2022; PH 48-2023, amend filed 10/09/2023, effective 10/9/2023

Statutory/Other Authority: ORS 431A.218, ORS 167.780, ORS 431A.175, ORS 431A.183 & ORS 413.042

Statutes/Other Implemented: ORS 167.780, ORS 431A.175, ORS 431A.183, ORS 431A.190-431A.220, ORS 431.110 & ORS 431.141-431.144