Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 15 - HEALTHY ENVIRONMENT › Part 6 - Licensing of Electronic Nicotine-Delivery System Distributors and Dealers › Section 216-RICR-50-15-6.3 - Definitions

Current through June 14, 2024
A. Wherever used in this Part the following
				  terms shall be construed as follows:
1. "Act"
				  means R.I. Gen Laws §§
											23-1-55 through
				   23-1-58.
2. "Characterizing flavor" means a
				  distinguishable taste or aroma imparted either prior to, or during, consumption
				  of an electronic nicotine-delivery system product or component part thereof,
				  including, but not limited to, tastes or aromas relating to any fruit, mint,
				  menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert,
				  alcoholic beverage, herb or spice. The determination of whether an electronic
				  nicotine-delivery system product has a characterizing flavor shall not be based
				  solely on the use of additives, flavorings, or particular ingredients, but
				  shall instead consider all aspects of a final product including, but not
				  limited to, taste, flavor and aroma, product labeling, and advertising
				  statements. A flavor shall be presumed to be a characterizing flavor if a
				  dealer or distributor has made a statement or claim directed to consumers or
				  the public about such flavor, whether expressed or implied, that it has a
				  distinguishable taste or aroma (other than the taste or aroma of
				  tobacco).
3. "Dealer" means any
				  person, whether located within or outside of the State of Rhode Island, who
				  sells or distributes electronic nicotine-delivery system products to a consumer
				  in the State of Rhode Island.
4.
				  "Department" means the Rhode Island Department of Health.
5. "Director" means the Director of the
				  Department or his or her designee.
6. "Distributor" means any person:
a. Whether located within or outside of the
				  State of Rhode Island, other than a dealer, who sells or distributes electronic
				  nicotine-delivery system products within or into the State of Rhode Island.
				  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 the State of Rhode Island only to licensed distributors, or to an export
				  warehouse proprietor or another manufacturer with a valid permit;
b. Selling electronic nicotine-delivery
				  system products directly to consumers in the State of Rhode Island by means of
				  at least twenty-five (25) electronic nicotine-delivery system product vending
				  machines;
c. Engaged in the State
				  of Rhode Island 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 the State
				  of Rhode Island 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
d. Maintaining one or more regular places of
				  business in the State of Rhode Island 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.
7. "Electronic nicotine-delivery system" is
				  defined by R.I. Gen. Laws §
											11-9-13.4.
8. "Flavored electronic nicotine-delivery
				  system" means any electronic nicotine-delivery system that imparts a
				  characterizing flavor.