TITLE X
PUBLIC HEALTH

CHAPTER 126-K
YOUTH ACCESS TO AND USE OF TOBACCO PRODUCTS

Section 126-K:2

    126-K:2 Definitions. –
In this chapter:
I. "Alternative nicotine product" means any noncombustible product containing nicotine (whether natural or synthetic) that is intended for human consumption, whether chewed, absorbed, dissolved, ingested, inhaled, or consumed by any other means. "Alternative nicotine product" does not include any e-cigarettes, e-liquid, or tobacco products, or any product regulated as a drug or device by the United States Food and Drug Administration under chapter V of the Food, Drug and Cosmetic Act.
I-a. "Cigarette" means any roll for smoking made wholly or in part of tobacco, and wrapped in any material except tobacco.
II. "Commission" means the liquor commission.
II-a. "Device" means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Device may include, but is not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
II-b. "E-cigarette" means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name.
II-c. "E-liquid" means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.
III. "Licensee" means the person in whose name a license issued pursuant to RSA 78:6 was granted.
III-a. [Repealed.]
IV. "Manufacturer" means any person engaged in the business of importing, exporting, producing, or manufacturing tobacco products who sells the product only to licensed wholesalers.
V. "Minor" means a person under the age of 21.
VI. "Person" means any individual, firm, fiduciary partnership, corporation, trust, or association, however formed.
VII. "Public educational facility" means any enclosed place or portion of such place, which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in grades kindergarten through 12. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration including, but not limited to, lounge areas, passageways, rest rooms, laboratories, study areas, cafeterias, gymnasiums, libraries, maintenance rooms, and storage areas.
VIII. "Retailer" means any person who sells tobacco products to consumers.
VIII-a. "Rolling paper" means any paper product that is designed to encase or wrap tobacco or similar products and marketed for the purpose of smoking or manufacturing hand-rolled cigarettes.
IX. "Sampler" means any person who distributes free tobacco products to consumers for promotional purposes.
X. "Sub-jobber" means any person doing business in this state who buys stamped tobacco products from a licensed wholesaler and who sells all the sub-jobber's tobacco products to other licensed sub-jobbers, vending machine operators, and retailers.
XI. "Tobacco product" means any product containing, made or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, electronic cigarettes, loose tobacco, smokeless tobacco, and cigars. Tobacco products shall not include premium cigars or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold exclusively for such approved use.
XII. "Vending machine" means any self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco, cigarettes, or any other tobacco product.
XIII. "Vending machine operator" means any person operating one or more tobacco product vending machines on property or premises other than the operator's own.
XIV. "Wholesaler" means any person doing business in this state who shall purchase all the wholesaler's unstamped tobacco products directly from a licensed manufacturer and who shall sell all of the wholesaler's products to licensed wholesalers, sub-jobbers, vending machine operators, retailers, samplers, and those persons exempted from the tobacco tax under RSA 78:5.

Source. 1997, 338:8. 2001, 171:1. 2010, 113:1, 2, eff. July 31, 2010. 2019, 178:2, 3, eff. Jan. 1, 2020; 259:1, 9, eff. July 1, 2019; 346:95, eff. July 1, 2019. 2020, 37:106, 107, eff. July 29, 2020. 2024, 141:2, eff. Jan. 1, 2025. 2025, 224:2, eff. July 1, 2025.