As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1-A. Electronic smoking device. “Electronic smoking device” means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen. [...]

6. Smoking. “Smoking” includes carrying or having in one’s possession a lighted or heated cigarette, cigar or pipe or a lighted or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. “Smoking” includes the use of an electronic smoking device.

1. Prohibition. Smoking is prohibited in all enclosed areas of public places, outdoor eating areas as provided in section 1550 and all rest rooms made available to the public. In the case of a child care facility that is not home-based, smoking is also prohibited in a facility-designated motor vehicle within 12 hours before transporting a child who is in the care of the child care facility, and whenever such a child is present in the vehicle. Smoking is also prohibited in outdoor areas of the facility where children may be present.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. “Elementary or secondary school” means any public elementary or secondary school approved in accordance with Title 20-A, chapter 206, subchapter I.

B. “Principal” has the same meaning as defined in Title 20-A, section 1, subsection 21.

C. [2019, c. 61, § 1 (RP).]

D. “Tobacco use” means:

• (1) Smoking as defined in section 1541, subsection 6; and

• (2) Carrying or having in one’s possession a tobacco product as defined in section 1551, subsection 3.

2. Prohibition. A person may not engage in tobacco use in the buildings or on the grounds of any elementary or secondary school, on a school bus or at any school-sponsored event at any time. [...]

3. Enforcement. The principal of the elementary or secondary school, or the principal’s designee, shall enforce the law prohibiting and restricting tobacco use under this section.

1. Program established. The Tobacco Prevention and Control Program is established in the bureau. The purposes of the program are to prevent the State’s youths from ever using tobacco products and to assist youths and adults who currently smoke cigarettes and use other tobacco products to discontinue that use. The program includes the following components:

A. An ongoing, major media campaign to:

• (1) Educate the public about the health hazards, costs and other relevant facts surrounding the use of tobacco products;

• (2) Encourage young people not to begin using tobacco products;

• (3) Motivate the users of tobacco products to discontinue smoking; and

• (4) Encourage public acceptance of smoke-free environments;

B. Grants for funding community-based programs aimed at tobacco prevention and control, including funding of tobacco prevention and control education for those school administrative units that choose to offer such programs to primary, middle and high school students; for community-based enforcement of state tobacco control laws, including sales to minors and for cessation services.