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2024 Florida Statutes

Title XXXIV ALCOHOLIC BEVERAGES AND TOBACCO
Chapter 569 TOBACCO AND NICOTINE PRODUCTS Entire Chapter
SECTION 31
Definitions.
F.S. 569.31
1569.31 Definitions.—As used in this part, the term:
(1) “Dealer” is synonymous with the term “retail nicotine products dealer.”
(2) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.
(3) “FDA” means the United States Food and Drug Administration.
(4) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. For purposes of this definition, each individual stock keeping unit is considered a separate nicotine dispensing device.
(5) “Nicotine product” means any product that contains nicotine, including liquid nicotine, which is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means. The term also includes any nicotine dispensing device. The term does not include a:
(a) Tobacco product, as defined in s. 569.002;
(b) Product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act; or
(c) Product that contains incidental nicotine.
(6) “Nicotine products manufacturer” means any person or entity that manufactures nicotine products.
(7) “Permit” is synonymous with the term “retail nicotine products dealer permit.”
(8) “Retail nicotine products dealer” means the holder of a retail nicotine products dealer permit.
(9) “Retail nicotine products dealer permit” means a permit issued by the division under s. 569.32.
(10) “Self-service merchandising” means the open display of nicotine products, whether packaged or otherwise, for direct retail customer access and handling before purchase without the intervention or assistance of the dealer or the dealer’s owner, employee, or agent. An open display of such products and devices includes the use of an open display unit.
(11) “Sell” or “sale” means, in addition to its common usage meaning, any sale, transfer, exchange, barter, gift, or offer for sale and distribution, in any manner or by any means.
(12) “Any person under the age of 21” does not include any person under the age of 21 who:
(a) Is in the military reserve or on active duty in the Armed Forces of the United States; or
(b) Is acting in his or her scope of lawful employment.
History.—s. 20, ch. 2021-14; s. 1, ch. 2024-127.
1Note.—Section 1, ch. 2024-127, purported to amend s. 539.31, but did not publish subsection (9). Absent affirmative evidence of legislative intent to repeal subsection (9), redesignated as subsection (12) by the editors to conform to the redesignation of subsections by s. 1, ch. 2024-127, it is published here pending clarification by the Legislature.