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LVapor product' means a product, other than a cigarette or other tobacco product as defined
<br />herein, that contains or is made or derived from nicotine and that is intended and marketed for
<br />human consumption, including by smoking, inhaling, snorting or sniffing. `Vapor product'
<br />includes any component part, or additive that is intended for use in an electronic smoking
<br />device, a mechanical heating element, battery or electronic circuit and is used to deliver the
<br />product. "Vapor Product' does not include any product that is a drug, device or combination
<br />product, as those terns are defined or described in 21 U.S.C. 321 and 353(8). "Vapor Product'
<br />includes any product containing nicotine, regardless of concentration. See also "electronic
<br />smoking device".
<br />2."Electronic smoking product' means any noncombustible product, other than a cigarette or
<br />tobacco product, that (1) contains or is designed to use vapor products and (2) employs a
<br />heating element, power source, electronic circuit, or other electronic, chemical, or mechanical
<br />means, regardless of shape or size, that can be used to produce vapor from the vapor product.
<br />"Electronic smoking product" includes, but is not limited to, an electronic cigarette, electronic
<br />cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer, or similar
<br />product or device, but does not include any product regulated as a drug, device, or combination
<br />product under Chapter V of the 'Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, or seq.
<br />3. 'Electronic smoking device" means any device that can be used to deliver aerosolized or
<br />vaporized nicotine or any other substance to the person inhaling from the device including an
<br />electronic cigarette, electronic cigar, electronic cigarillo, electronic hookah, vaping pen, or
<br />electronic pipe. 'Electronic smoking device" includes any component, part, or accessory of
<br />such a device, whether or not sold separately, and includes any substance intended to be
<br />aerosolized or vaporized during the use of the device. 'Electronic smoking device" does not
<br />include any product that is a drug, device, or combination product, as those terns are defined
<br />or described in 21 U.S.C. 321 and 353(8).
<br />4. ""Alternative nicotine product' means, subject to subsection (a)(2)A. of this section, an
<br />electronic cigarette or any other product or device that consists of or contains nicotine that can
<br />be ingested into the body by any means, including, but not limited to, chewing, smoking,
<br />absorbing, dissolving, or inhaling.
<br />Alternative nicotine product' does not include any of the following:
<br />i. Any cigarette or other tobacco product;
<br />ii. Any product that is a "drug" as that term is defined in 21 U.S.C.
<br />321(g)(1);
<br />iii. Any product that is a "device" as that term is defined in 21 U.S.C.
<br />321(h);
<br />iv. Any product that is a "combination product" as described in 21 U.S.C.
<br />353(g).
<br />VARIANCE means a grant of relief from the requirements of this ordinance, based on conditions of
<br />the property that pose an unnecessary hardship in complying with the requirements.
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