1. (1) The provisions of this rule apply to distributions of tobacco products that occur after June 30, 2010.

2. (2) For purposes of ORS 323.500 through 323.645, “moist snuff” means:

   1. (a) Any finely cut, ground, milled or powdered tobacco product that is not intended to be smoked or placed in the nasal cavity. It may or may not be contained within small, tea-bag like pouches. Words such as long cut, mid cut, fine cut and snus only describe minor differences of product that fit within this tobacco category.

   2. (b) Any other products containing tobacco that are not intended to be consumed by combustion. Examples include, but are not limited to:

      1. (A) Dissolvable tobacco, which consists of finely-processed tobacco developed in such a way as to allow the substance to dissolve on the tongue or in the mouth and includes strips, sticks, orbs, and compressed tobacco lozenges.

      2. (B) Other chewing tobacco and other leaf tobacco products to which artificial or natural substances have been added during processing. Such substances may include but are not limited to: sweeteners, sugars, molasses, licorice, mint, eucalyptus, tobacco leaf extract, betel nut, catchu, lime, saffron, thickeners, humectants, emulsifiers, colorants, texturizers, preservatives, taste enhancers, firming agents, adhesives, and punk ash. Examples include, but are not limited to:

         1. (i) Shredded tobacco leaves, such as those sweetened and packaged loosely in aluminum lined pouches;
         2. (ii) Plug tobacco, such as enriched tobacco leaves flavored and sweetened with licorice and formed into bricks or flat blocks; and
         3. (iii) Twist tobacco, such as tobacco that is spun and rolled into rope-like strands and to which tobacco leaf extract has been added.

Statutory/Other Authority

ORS 305.100 & 323.575

Statutes/Other Implemented

ORS 323.500

History

Renumbered from 150-323.500(9), REV 73-2016, f. 8-15-16, cert. ef. 9-1-16
REV 18-2010, f. 12-17-10, cert. ef. 1-1-11
Reverted to REV 10-2009, f. 12-21-09, cert. ef. 1-1-10
REV 7-2010(Temp), f. 5-27-10, cert. ef. 6-30-10 thru 12-27-10
REV 10-2009, f. 12-21-09, cert. ef. 1-1-10
REV 7-2009(Temp), f. & cert. ef. 10-7-09 thru 3-31-10