§ 57-36-01 — Definitions

As used in this chapter, unless the context or subject matter otherwise requires:
1. "Chewing tobacco" means any leaf tobacco that is intended to be placed in the mouth.
2. "Cigar" means any roll of tobacco wrapped in tobacco.
3. "Cigarette" means any roll for smoking made wholly or in part of tobacco or processed
tobacco and encased in any material except tobacco. The term also means any
product of a cigarette-making machine.
4. "Cigarette-making machine" means a machine used for commercial purposes to
process tobacco into a roll or tube, formed or made from any material other than
tobacco, at a production rate of more than five rolls or tubes per minute.
5. "Consumer" means any person who has title to or possession of cigarettes, cigars,
pipe tobacco, electronic smoking devices, or other tobacco products in storage, for use
or other consumption in this state.
6. "Dealer" includes a retailer and any person other than a distributor who is engaged in
the business of selling cigarettes, cigarette papers, cigars, pipe tobacco, electronic
smoking devices, or other tobacco products, or any product of a cigarette-making
machine.
7. "Distributor" includes any person engaged in the business of producing or
manufacturing cigarettes, cigarette papers, cigars, pipe tobacco, electronic smoking
devices, or other tobacco products, or importing into this state cigarettes, cigarette
papers, cigars, pipe tobacco, electronic smoking devices, or other tobacco products,
for the purpose of distribution and sale thereof to dealers and retailers. The term also
includes a dealer that fabricates, repackages, compounds, or mixes electronic
smoking devices for purposes of sale to a consumer.
8. "Electronic smoking device" means a device that may be used to deliver an
aerosolized, vaporized, or heated substance containing nicotine, regardless of whether
the nicotine is natural or synthetic, to an individual inhaling from the device, and
includes an electronic cigarette, e-cigar, e-pipe, vape pen, and e-hookah. The term
includes any substance containing nicotine, regardless of whether the nicotine is
natural or synthetic, that may be aerosolized, vaporized, or heated by the device,
regardless of whether the device is sold separately. The term does not include:
a. A cigarette as defined in section 51-25-01;
b. A cigarette as defined in this section;
c. A drug, device, or combination product, as those terms are defined in the federal
Food, Drug, and Cosmetic Act [52 Stat. 1040; 21 U.S.C. 301 et seq.], approved
for sale by the United States food and drug administration; or
d. A battery or battery charger when sold separately.
9. "Licensed dealer" means a dealer licensed under the provisions of this chapter.
10. "Licensed distributor" means a distributor licensed under the provisions of this chapter.
11. "Other tobacco products" means snuff and chewing tobacco.
12. "Outlet" means each place of business from which tobacco products are sold.
13. "Person" means any individual, firm, fiduciary, partnership, corporation, limited liability
company, trust, or association however formed.
14. "Pipe tobacco" means any processed tobacco that, because of its appearance, type,
packaging, or labeling, is suitable for use and likely to be offered to, or purchased by,
consumers as tobacco to be smoked in a pipe.
15. "Place of business" means a place where tobacco products are sold or where tobacco
products are manufactured, fabricated, stored, or kept for purposes of sale or
consumption.
16. "Retailer" means a person engaged in the business of selling cigarettes, cigars, pipe
tobacco, electronic smoking devices, or other tobacco products to consumers.
17. "Sale" or "sell" applies to gifts, exchanges, and barter.

18. "Snuff" means any finely cut, ground, or powdered tobacco that is intended to be
placed in the mouth or nose.
19. "Storage" means any keeping or retention of cigarettes, cigars, pipe tobacco,
electronic smoking devices, or other tobacco products for use or consumption in this
state.
20. "Use" means the exercise of any right or power incidental to the ownership or
possession of cigarettes, cigars, pipe tobacco, electronic smoking devices, or other
tobacco products.