Definitions

# (1)

“Adult” means a person who is at least the legal minimum purchase age.

# (2)

“Consumer” means an individual who is not licensed as a distributor or retail dealer pursuant to subchapter II of this chapter.

# (3)

“Delivery sale” means any sale of any tobacco product or tobacco substitute to a consumer in this State where either:

a. The purchaser submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, or the Internet or other online service; or

b. The tobacco products or tobacco substitutes are delivered by use of the mails or of a delivery service.

A sale of any tobacco product or tobacco substitute shall be a delivery sale regardless of whether the seller is located within or without this State. A sale of any tobacco product or tobacco substitute not for personal consumption to a person who is a distributor or a retail dealer shall not be a delivery sale.

# (4)

“Delivery service” means any person who is engaged in the commercial delivery of letters, packages or other containers.

# (5)

“Department” means the Department of Finance.

# (6)

“Legal minimum purchase age” is the minimum age at which an individual may legally purchase any tobacco product or tobacco substitute in this State under § 1116 of Title 11.

# (7)

“Mails” or “mailing” means the shipment of cigarettes through the United States Postal Office.

# (8)

“Person” means the same as that term is defined in § 302(15) of Title 1.

# (9)

“Shipping container” means a container in which cigarettes are shipped in connection with a delivery sale.

# (10)

“Shipping documents” means bills of lading, airbills or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages or other containers.

# (11)

“Tobacco product” means as defined under § 1115(9)a. of Title 11.

# (12)

“Tobacco substitute” means as defined under § 1115 of Title 11.