W. Va. Code R. § 175-9-2 - Definitions
As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed herein, and apply in the singular and in the plural.
2.1. "ABCA," "Alcohol Beverage Control
Administration Commissioner," or "Commissioner" means the West Virginia Alcohol
Beverage Control Administration Commissioner or his or her delegate.
2.2. "Adult" means a person who is at least
21 years of age.
2.3.
"Cashier/Manager" means the person who collects retail payments for purchases
in an ABCA Class A licensee.
2.4.
"Cigarette" means any roll for smoking made wholly or in part of tobacco,
irrespective of size or shape and whether or not such tobacco is flavored,
adulterated, or mixed with any ingredient, the wrapping or cover of which is
made of paper or any substance or material, except tobacco, or any roll of
tobacco wrapped in any substance containing tobacco which, because of its
appearance, the type of tobacco used in the filler, or its packing and
labeling, is likely to be offered to, or purchased by, consumers as a
cigarette.
2.5. "Electronic smoking
device" means any device that can be used to deliver any heated, aerosolized or
vaporized substance to the person inhaling from the device, including, but not
limited to, any e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic
smoking device includes any component part, or accessory of the device, whether
or not sold separately, and includes any substance intended to be heated,
aerosolized, or vaporized during the use of the device, whether or not the
substance contains nicotine. Electronic smoking device does not include drugs,
devices, or combination products approved by the United States Food, Drug, and
Cosmetic Act.
2.6. "Minor" means a
person who has not attained the age of 21 years.
2.7. "Tobacco products" means any product
containing, made, or derived from tobacco, or nicotine, that is intended for
human consumption, whether absorbed, inhaled or ingested by any other means,
including but not limited, to cigarettes, cigars, cigarillos, little cigars,
pipe tobacco, snuff, snus, chewing tobacco, or other common tobacco-containing
products. A tobacco product also includes electronic smoking devices and any
accessory of a tobacco product or electronic smoking device, whether or not any
of these contain tobacco or nicotine, including but not limited to, filters,
rolling papers, blunt or hemp wraps, and pipes. Tobacco product does not
include drugs, devices, or combination products that are regulated by the
United States Food and Drug Administration under Chapter V of the Food, Drug
and Cosmetic Act.
2.8. "Vending
machine operator" means any ABCA Class A licensee that operates one or more
cigarette, electronic smoking device, or tobacco products vending
machines.
2.9. "Wholesaler" means
any person engaged in this State in the business of purchasing unstamped
cigarettes, electronic smoking devices, or tobacco products directly from a
manufacturer or importer for resale.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed herein, and apply in the singular and in the plural.
2.1. "ABCC ," "Alcohol Beverage Control Commissioner ," or "Commissioner " means the West Virginia Alcohol Beverage Control Commissioner or his or her delegate.
2.2. "Adult " means a person who is at least eighteen (18) years of age.
2.3. "Cashier/Manager " means the person who collects payments for purchases.
2.4. "Child " means a person who has not attained the age of eighteen (18) years.
2.5. "Cigarette " means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not such tobacco is flavored, adulterated or mixed with any ingredient, the wrapping or cover of which is made of paper or any substance or material, except tobacco, or any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packing and labeling, is likely to be offered to, or purchased by, consumers as a cigarette .
2.6. "Tobacco products " means cigarettes, cigars, smokeless tobacco, pipe tobacco or roll-your-own tobacco.
2.7. "Vending machine operator " means any person engaged in this State in the business of operating one or more cigarette or tobacco products vending machines.
2.8. "Wholesaler " means any person engaged in this State in the business of purchasing unstamped cigarettes or tobacco products directly from a manufacturer or importer for resale.