10 PUBLIC HEALTH
<br />LAW CENTER
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<br />NOW, THEREFORE, BE IT DULY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
<br />OF ) COUNTY/ CITY COUNCIL Of [ 1, FLORIDA, AS FOLLOWS:
<br />Section 2. Definitions.
<br />Except as may otherwise be provided or clearly implied by context, all terms are given their
<br />commonly accepted. definitions. For the purpose of this ordinance, the following definitions
<br />apply unless the context clearly indicates or requires a different meaning:
<br />CHILD -RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of
<br />Federal Regulations, title 16, section 1700.15(6), as in effect on January 1, 2015, and was tested
<br />in accordance with the method described in Code of Federal Regulations, title 16, section
<br />1700.20, as in effect on January 1, 2015.
<br />COMPLIANCE CHECKS. The system the city/county uses to investigate and ensure that those
<br />authorized to sell licensed products are following and complying with the requirements of
<br />this ordinance. COMPLIANCE CHECKS involve the use of persons under the age of 21 who
<br />purchase or attempt to purchase licensed products. COMPLIANCE CHECKS may also be
<br />conducted by the city/county or other units of government for educational, research, and
<br />training purposes or for investigating or enforcing federal, state, or local laws and regulations
<br />relating to licensed products.
<br />FLAVORED PRODUCT. Any licensed product that contains a taste or smell, other than the
<br />taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to or
<br />during the consumption of the product, including, but not limited to, any taste or smell relating
<br />to chocolate, cocoa, menthol, mint, wintergreen, vanilla, honey, fruit, or any candy, dessert,
<br />alcoholic beverage; herb, or spice. A public statement or claim, whether express or implied,
<br />made or disseminated by the manufacturer of a licensed product, or by any person authorized
<br />or permitted by the manufacturer to make or disseminate public statements concerning such
<br />products, that a product has or produces a taste or smell other than a taste or smell of tobacco
<br />will constitute presumptive evidence that the product is a flavored product.
<br />IMITATION TOBACCO PRODUCT. Any edible non -tobacco product designed to resemble a
<br />tobacco product, or any non -edible tobacco product designed to resemble a tobacco product
<br />and intended to be used by children as a toy. IMITATION TOBACCO PRODUCT includes,
<br />but is not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble
<br />gum resembling chewing tobacco, and shredded beef jerky in containers resembling tobacco
<br />snuff tins. IMITATION TOBACCO PRODUCT does not include nicotine dispensing devices or
<br />nicotine products,
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