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Retail establishment means any place of business where licensed products areavailableforsaletothegeneralpublic. Retail establishments shall include but not belimitedtogrocerystores, convenience stores and restaurants.Sale means any transfer of goods for money, trade, barter or other consideration.Sampling means offering or allowing customers to try tobacco products furnishedbytheshoponthedatethesamplingoccurswithoutmonetaryexchangefortestingorinstructionalpurposesandmustbelimitedindurationandintentandshallnotbeusedtocircumventrestrictionsonpublicsmokingorestablishdefactotobacco-use venues, such aslounges.Self-service display means open displays of licensed products in any manner whereanypersonshallhaveaccesstothelicensedproductswithouttheassistanceorinterventionofthelicenseeorthelicensee's employee. and where a physical exchange of the licensedproductfromthelicenseeorthelicensee's employee to the customer is not required inordertoaccessthelicensedproducts.Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar,cigarette, or pipe, or any other lighted or heated product containing, made, or derived fromnicotine,tobacco, marijuana, or other plant, whether natural or synthetic,that is intendedforinhalation. Smoking also includes carrying or using an activated electronic deliverydevice. <br />Tobacco means any substance or item containing tobacco leaf, including but not <br />limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; <br />cheroots; stogies; perique; granulated,plug cut, crimp cut, ready-rubbed, and other <br />smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping <br />tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and <br />forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or <br />smoking. Tobacco does not include any nicotine cessation product that has been authorized <br />by the U.S. Food and Drug Administration to be marketed and for sale as "drugs," <br />devices,"or"combination products," as defined in the Federal Food, Drug, and Cosmetic <br />Act. <br />Tobacco-related devices means any rolling papers, wraps, pipes, or other device <br />intentionally designed or intended to be used with tobacco products. Tobacco-related <br />devices include components of tobacco-related devices or tobacco products, which may be <br />marketed or sold separately. Tobacco-related devices may or may not contain tobacco. <br />Vending machine means any mechanical, electric or electronic, or other type of <br />device which dispenses licensed products upon the insertion of money,tokens or other <br />form of payment directly into or onto the device by any person. <br />236900v1 Page 3 of 10 <br />93