Table 2.

Selected Excerpts from Relevant Policy Documents

Policy Domain
Regulation	Relevant quotations
Youth Access
Sale of Tobacco 18 Pa.C.S. § 6305	Tobacco product. A cigarette, cigar, pipe tobacco or other smoking tobacco product or smokeless tobacco in any form, manufactured for the purpose of consumption by a purchaser, and any cigarette paper or product used for smoking tobacco. Pipe tobacco. Any product containing tobacco made primarily for individual consumption that is intended to be smoked using tobacco paraphernalia.
Preemptions: Tobacco 53 Pa.C.S. 3 § 301	… the provisions of 18 Pa.C.S. § 6305 (relating to sale of tobacco) shall preempt and supersede any local ordinance or rule concerning the subject matter of 18 Pa.C.S. § 6305… [except] local regulation enacted prior to January 1, 2002
Tobacco Retailer Permit Philadelphia Code 9-631	Tobacco Product. Any substance containing tobacco leaf, including without limitation cigarettes, cigars, pipe tobacco, hookah tobacco… or any other preparation of tobacco.
Use Restrictions
Pennsylvania Clean Indoor Air Act (CIAA) Act of Jun. 13, 2008, P.L. 182, No. 27 Cl. 35	Smoking. The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device. Tobacco shop. A business establishment whose sales of tobacco and tobacco-related products, including cigars, pipe tobacco and smoking accessories, comprise at least 50% of the gross annual sales. Drinking establishment… has total annual sales of food sold for on-premises consumption of less than or equal to 20% of the combined gross sales of the establishment; and does not permit individuals under 18 years of age… Cigar bar… connected by a door, passageway or other opening and directly adjacent to a tobacco shop [or] has total annual sales of tobacco products, including tobacco, accessories or cigar storage lockers or humidors of at least 15% of the combined gross sales of the establishment. This act shall supersede any ordinance, resolution or regulation adopted by a political subdivision concerning smoking in a public place [and] no political subdivision shall have the authority to adopt or enforce any ordinance, regulation or resolution which is in conflict with this act. [The preemption] shall not apply to a city of the first class. A city of the first class may not change or amend its ordinance to conflict with any provision of this act.
Clean Indoor Air Worker Protection Law Philadelphia Code 10–602	Smoking. Inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe or other such device which contains tobacco or other smoke producing products. Specialty Tobacco Establishment. A Food or Beverage Establishment whose on-site sales or rentals of tobacco, tobacco-related products and accessories for consumption or use on the premises comprises fifteen percent (15%) or more of gross sales on an annual basis…
Taxation
Internal Revenue Code 26 U.S.C. 52 § 5702	Tobacco products means cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco. The term pipe tobacco means any tobacco which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco to be smoked in a pipe.
Tobacco and Tobacco- Related Products Tax Philadelphia Code 19-3700	Tobacco and tobacco-related product. A product containing tobacco for smoking or other consumption, including any cigar, smokeless tobacco, pipe tobacco or other loose tobacco, but not including a cigarette or a little cigar; and rolling papers.