The
Virginia Code defines "cigarette" in about three different places and these definitions are identical. Interestingly enough, the statutory scheme banning
smoking in many indoor places does not define "cigarette" even though § 58.1-1000 which is the definition section of the
smoking ban defines "smoke" or "
smoking" as "the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted
smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind."
One of those three identical definitions of
smoking is § 58.1-1031 which states "'Cigarette' means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (i) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (i) of this definition. The term "cigarette" includes "roll-your-own" tobacco, which means any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of 'cigarette,' 0.09 ounces of "roll-your-own" tobacco shall constitute one individual 'cigarette.'"
There is no way this definition is broad enough to include electronic cigarettes.
Robert H. Smallenberg
In-House Counsel
Teamhealthechoice
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