{"data":{"id":"us-ky/krs-438.305","jurisdiction":"us-ky","citation":"KRS 438.305","heading":"Definitions for KRS 438.305 to 438.350.","body":"As used in KRS 438.305 to 438.350, unless the context requires otherwise:\n(1) (a) \"Alternative nicotine product\" means a noncombustible product containing\nnicotine that is intended for human consumption, whether chewed, absorbed,\ndissolved, or ingested by any other means.\n(b) \"Alternative nicotine product\" does not include any product regulated as a\ndrug or device by the United States Food and Drug Administration under\nChapter V of the Food, Drug, and Cosmetic Act;\n(2) \"Authorized nicotine vapor product\" me ans a vapor product for which the\nmanufacturer:\n(a) Has obtained authorization from the FDA;\n(b) Timely pursued a path to market for a nicotine product containing tobacco -\nderived nicotine that was commercially marketed in the United States as of\nAugust 8, 2016, for which the manufacturer submitted a premarket tobacco\nproduct application on or before September 9, 2020, to the FDA, that:\n1. Remains under review, but has not received either a marketing denial\norder or a marketing granted order; or\n2. Has received a marketing denial order, but remains under a stay by the\nFDA or continues to be subject to an appeal to the FDA or review by a\ncourt of competent jurisdiction; or\n(c) Has obtained a marketing denial order that has been rescinded by the FDA or\nvacated by a court of competent jurisdiction;\n(3) \"Commissioner\" means the commissioner of the Department of Alcoholic Beverage\nControl;\n(4) \"Contraband property\" means any article, item, or property, except real property,\nthat is used or intended to be used in violation of KRS 438.305 to 438.350;\n(5) \"Department\" means the Department of Alcoholic Beverage Control;\n(6) \"Distributor\" or \"wholesaler\" means any person who distributes alternative nicotine\nproducts, tobacco products, or authorized nicotine vapor products for the purpose of\nbeing sold at retail;\n(7) \"FDA\" means the United States Food and Drug Administration;\n(8) \"Investigator\" means any employee of the department who is a certified peace\nofficer;\n(9) \"Manufacturer\" means any person who manufactur es or produces tobacco products\nwithin or without this Commonwealth;\n(10) \"Nonresident wholesaler\" means any person who purchases cigarettes or other\ntobacco products directly from the manufacturer and maintains a permanent\nlocation or locations outside th is state at which Kentucky cigarette tax evidence is\nattached or from which Kentucky cigarette tax is reported and paid;\n(11) \"Premises\" means the land and building upon which any business operating under\nKRS 438.305 to 438.350 is operated;\n(12) \"Proof of age\" means a driver's license or other documentary or written evidence of\nan individual's age;\n(13) \"Resident wholesaler\" means any person who purchases at least seventy -five\npercent (75%) of all cigarettes or other tobacco products purchased by that perso n\ndirectly from the cigarette manufacturer on which the cigarette tax provided for in\nKRS 138.130 to 138.205 is unpaid, and who maintains an established place of\nbusiness in this state at which the person attaches cigarette tax evidence or receives\nuntaxed cigarettes;\n(14) \"Retailer\" means any person who sells tobacco products, alternative nicotine\nproducts, or vapor products to a consumer for any purpose other than resale;\n(15) \"Sample\" means a tobacco product, alternative nicotine product, or vapor produ ct\ndistributed to members of the general public at no cost;\n(16) \"Subjobber\" means any person who purchases tobacco products, on which the\nKentucky cigarette tax has been paid, from a wholesaler licensed pursuant to KRS\n138.195, and makes them available to a retail establishment for resale;\n(17) (a) \"Tobacco product\" means any cigarette, cigar, snuff, smokeless tobacco\nproduct, smoking tobacco, chewing tobacco, and any kind or form of tobacco\nprepared in a manner suitable for chewing or smoking, or both, or  any kind or\nform of tobacco that is suitable to be placed in a person's mouth. \"Tobacco\nproduct\" also means any product made or derived from tobacco that is\nintended for human consumption, including any component, part, or accessory\nof a tobacco product, except for raw materials other than tobacco used in\nmanufacturing any component, part, or accessory of a tobacco product, in\naccordance with the federal Tobacco Control Act, Pub. L. No. 111-31.\n(b) \"Tobacco product\" does not include any alternative nicotin e product, vapor\nproduct, or product regulated as a drug or device by the United States Food\nand Drug Administration under Chapter V of the Food, Drug, and Cosmetic\nAct; and\n(18) (a) \"Vapor product\" means any noncombustible product that employs a heating\nelement, battery, power source, electronic circuit, or other electronic,\nchemical, or mechanical means, regardless of shape or size and including the\ncomponent parts and accessories thereto, that can be used to deliver vaporized\nnicotine or other substances  to users inhaling from the device. \"Vapor\nproduct\" includes but is not limited to any device deemed to be an electronic\nnicotine delivery system by the United States Food and Drug Administration,\nany electronic cigarette, electronic cigar, electronic ciga rillo, electronic pipe,\nor similar product or device and every variation thereof, regardless of whether\nmarketed as such, and any vapor cartridge or other container of a liquid\nsolution or other material that is intended to be used with or in an electronic\ncigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar\nproduct or device.\n(b) \"Vapor product\" does not include any product regulated as a drug or device\nby:\n1. The United States Food and Drug Administration under Chapter V of\nthe Food, Drug, and Cosmetic Act; and\n2. KRS Chapter 218A.","path":["KRS Chapter 438"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55906","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:52Z","sha256":"5e7d9c19a7d1eeadd57c1fb1294f3ac748d71743a7208313675807ebb3680ce0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-438.300","next":"us-ky/krs-438.3055"},"notice":"GroundRules: Original legal text. Not legal advice."}