24.20.030 Definitions.

As used in this chapter, the following terms shall be defined as follows:

(1)    “Inhalant delivery systems” means devices that can be used to deliver liquid nicotine, or other liquids or solids in the form of the vapor or aerosol to a person inhaling from the device; or a component of a device described above or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this section, whether the component or substances are sold separately or are not sold separately. This definition also includes accessories naturally used with this delivery system or its components.

An “inhalant delivery system” does not include any product that has been approved by the United States FDA for sale as a tobacco cessation product or for any other therapeutic purpose, if the product is marketed and sold solely for the approved purpose.

A component of a device described above or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this section, whether the component or substance is sold separately or is not sold separately.

An inhalant delivery system does not include any product that has been approved by the United States FDA for sale as a tobacco cessation product or for other therapeutic purposes, if the product is marketed and sold solely for the approved purpose.

(2)    “Employer” means any entity or organization that retains employees in the conduct of its business or work.

(3)    “Minor” means any person younger than eighteen (18) years old.

(4)    “Person” means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association or other entity of business of any kind.

(5)    “Place of employment” shall have the meaning set forth in RCW 70.160.020.

(6)    “Public place” shall have the meaning set forth in RCW 70.160.020.

(7)    “Seller” means any person who sells, distributes with an economic or a business purpose, offers for sale or offers to exchange for any form of consideration inhalant delivery systems.

(8)    “Unapproved nicotine delivery product” means a product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a cigarette, as defined by RCW 82.24.010, or a tobacco product, as defined by RCW 82.26.010, and that has not been approved or otherwise certified for sale by the FDA as a tobacco use cessation product or for other medical purposes.

(9)    “Director” means the director of the department of public health and his/her duly authorized representative.

(10)    “Public health rules and regulations” includes this chapter and any other existing or future ordinance or resolution of the county, rules and regulations of the board of health, or provisions of the Washington Administrative Code which regulate public health, safety and welfare including, but not limited to, the following rules and regulations: board of health rules and regulations pertaining to food-service establishments, meat, swimming and spa pools, solid waste and on-site sewage disposal systems and rules and regulations promulgated by the director pursuant thereto.

(11)    “Inhalant delivery system store” means any business that possesses all of the following characteristics:

(a)    Within a building or portion thereof;

(b)    Possessing an independent ventilation system and mitigation measures that prevent transfer of inhalant vapors to neighboring structures; and

(c)    Which exclusively sells, markets and/or distributes inhalant delivery systems. (Sec. 1 of Ord. 2011-06-09; amended by Sec. 5 of Ord. 2015-04-18)