§ 24-16. Distribution of flavored electronic cigarettes.  


Latest version.
  • (a) Definition. In this Section, the following words have the meanings indicated:
    Characterizing flavor means a distinguishing taste or aroma, other than the taste or aroma of tobacco, imparted either before or during use of an electronic cigarette or component part. Characterizing flavor includes any taste or aroma relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. However, an electronic cigarette is not deemed to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
    Constituent means any ingredient, substance, chemical, or compound, other than nicotine, tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to an electronic cigarette during the processing, manufacture or packing of the electronic cigarette.
    Distribute means to:
    (1) give away, sell, deliver, dispense, or issue;
    (2) offer to give away, sell, deliver, dispense, or issue; or
    (3) cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.
    Flavored electronic cigarette means any electronic cigarette or any component part thereof that contains a constituent that imparts a characterizing flavor.
    Manufacturer means an electronic smoking devices manufacturer as defined in Section 16.7-101 of the Business Regulations Article of the Maryland Code.
    (b) Unlawful distribution. A manufacturer must not distribute any flavored electronic cigarette to any retail store within 0.5 miles of any elementary, middle, or high school, library,, or recreational facility in the County. (2020 L.M.C., ch. 13, §1.)