Delaware Code Title 30 Sec. 5361 – Definitions
For purposes of this subchapter:
(1) “Adult” means a person who is at least the legal minimum purchase age.
(2) “Consumer” means an individual who is not licensed as a distributor or retail dealer pursuant to subchapter II of this chapter.
(3) “Delivery sale” means any sale of any tobacco product or tobacco substitute to a consumer in this State where either:
a. The purchaser submits the order for such sale by means of a telephonic or other method of voice transmission, the mails or any other delivery service, or the Internet or other online service; or
b. The tobacco products or tobacco substitutes are delivered by use of the mails or of a delivery service.
A sale of any tobacco product or tobacco substitute shall be a delivery sale regardless of whether the seller is located within or without this State. A sale of any tobacco product or tobacco substitute not for personal consumption to a person who is a distributor or a retail dealer shall not be a delivery sale.
(4) “Delivery service” means any person who is engaged in the commercial delivery of letters, packages or other containers.
(5) “Department” means the Department of Finance.
(6) “Legal minimum purchase age” is the minimum age at which an individual may legally purchase any tobacco product or tobacco substitute in this State under § 1116 of Title 11.
(7) “Mails” or “mailing” means the shipment of cigarettes through the United States Postal Office.
(8) “Person” means the same as that term is defined in § 302(15) of Title 1.
(9) “Shipping container” means a container in which cigarettes are shipped in connection with a delivery sale.
(10) “Shipping documents” means bills of lading, airbills or any other documents used to evidence the undertaking by a delivery service to deliver letters, packages or other containers.
(11) “Tobacco product” means as defined under § 1115(9)a. of Title 11.
(12) “Tobacco substitute” means as defined under § 1115 of Title 11.
74 Del. Laws, c. 95, § ?1; 76 Del. Laws, c. 171, §§ ?1, 2; 78 Del. Laws, c. 179, § ?1; 82 Del. Laws, c. 10, § 12;
Terms Used In Delaware Code Title 30 Sec. 5361
- Consumer: means any person who has possession of tobacco products for any purpose other than transportation or sale. See Delaware Code Title 30 Sec. 5301
- Department: means the Department of Finance. See Delaware Code Title 30 Sec. 5301
- Distributor: means any of the following:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means and includes an individual, a trust, estate, partnership, association, company or corporation. See Delaware Code Title 30 Sec. 502
- Retail dealer: means any person who purchases or receives stamped tobacco products from any source whatsoever for the purpose of sale to the ultimate consumer. See Delaware Code Title 30 Sec. 5301
- Sale: means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution, in any manner or by any means whatsoever. See Delaware Code Title 30 Sec. 5301
- State: means a state of the United States, the District of Columbia, Puerto Rico, The United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 30 Sec. 502
- Tobacco products: means all products made primarily from tobacco for individual consumption, including cigarettes, cigars, pipe tobacco, and vapor products. See Delaware Code Title 30 Sec. 5301
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Use: means the exercise of any right or power over tobacco products including the retention for any length of time for any purpose other than sale or transportation as allowed under the provisions of this chapter. See Delaware Code Title 30 Sec. 5301