any cigarette paper or product used for smoking tobacco.] The
term includes:
(1) Any product containing, made or derived from tobacco
or nicotine that is intended for human consumption, whether
smoked, heated, chewed, absorbed, dissolved, inhaled,
snorted, sniffed or ingested by any other means, including,
but not limited to, a cigarette, a cigar, a little cigar,
chewing tobacco, pipe tobacco, snuff and snus.
(2) Any electronic device that delivers nicotine or
other substance to the person inhaling from the device,
including, but not limited to, an electronic cigarette, a
cigar, pipe and hookah.
The term includes any component, part or accessory of such
product or electronic device, whether or not sold separately.
The term does not include a product that has been approved by
the United States Food and Drug Administration for sale as a
tobacco cessation product or for other therapeutic purposes
where the product is marketed and sold solely for such approved
purpose.
* * *
Section 2. Section 301(b)(2) of Title 53 is amended to read:
§ 301. Tobacco.
* * *
(b) Exception.--This section does not prohibit:
* * *
(2) Local regulation enacted prior to January 1, 2002,
except, as to products specified in paragraph (2) of the
"tobacco product" definition of 18 Pa.C.S. § 6 305(k)
(relating to sale of tobacco), local regulation enacted prior
to May 1, 2014.
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