Last updated: February 19, 2022
Key Terms
Heated Tobacco Product
The term “heated tobacco product” is not defined, but it is included in the definition of “tobacco reserve” (i.e., tobacco insert).
For the purpose of this review, we will be using the term “HTP” when referring to a “heated tobacco product.”
Tobacco reserve
“Tobacco reserve” means a smokeless tobacco product, intended for use by means of a tobacco heater and other compounds, to produce aerosol for inhalation, which does not involve a combustion process.
The law defines tobacco inserts as “tobacco reserves.” Specifically, tobacco inserts fall within the definition of a “smokeless tobacco product.”
Devices and accessories for the use, recharging, or heating of tobacco products or related products
“Devices and accessories for the use, recharging, or heating of tobacco products or related products” means a set of inter-connected parts, which perform a specific function in a system that allows them to be brought to the optimum temperature or being recharged with a tobacco product and other compounds or liquid for a related product, for consumption.
The law defines HTP devices as “devices and accessories for the use, recharging, or heating of tobacco products or related products.”
Smoking
“Smoking” means being in possession or in control of a lit tobacco product or which is smoldering, or a related product, regardless of whether the smoke is being actively inhaled or exhaled. For the purposes of this Law, possession or control of an activated device for heating a smokeless tobacco product or a related product that does not involve a combustion or smoldering process, or any other new tobacco product that does not involve a combustion or smoldering process, regardless of whether the aerosol is being actively inhaled or exhaled, is considered smoking.
The law includes “being in possession or control” of an activated HTP in the definition of “smoking.”
Aerosol released by tobacco product or related product
“Aerosol released by tobacco product or related product” means emissions produced by activating and using a device for heating a smokeless tobacco product or a related product that does not involve a combustion or smoldering process, or any other new tobacco product activated otherwise for use.
The definition of “aerosol released by tobacco product or related product” is significant in the application of smoking restrictions to HTPs.
Smokeless tobacco product
“Smokeless tobacco products” means tobacco products not involving a combustion process, including chewing tobacco, nasal tobacco and tobacco for oral use.
The law defines tobacco inserts as “smokeless tobacco products.”
Tobacco products
“Tobacco products” means products that can be consumed and consist, even partly, of tobacco, whether genetically modified or not.
The law defines “smokeless tobacco products,” which, by definition, includes tobacco inserts as “tobacco products.”
New tobacco product
“New tobacco product” means a tobacco product which:
a) does not fall into any of the following categories: cigarettes, roll-your-own tobacco, pipe tobacco, waterpipe tobacco, cigars, cigarillos, chewing tobacco, nasal tobacco or tobacco for oral use; and
b) is placed on the market after January 1, 2016.
The law defines “tobacco products” placed on the market after January 1, 2016, and those that do not fall into the categories of cigarettes, roll-you-own tobacco, pipe tobacco, waterpipe tobacco, cigars, cigarillos, chewing tobacco, nasal tobacco or tobacco for oral use, as “new tobacco products.” Tobacco inserts fall under the definition of “new tobacco products.”