(a) “Decoy” means a person under 21 years of age participating in an inspection carried out by the Department to determine compliance with California law prohibiting the sale of a tobacco product to a person under 21 years of age.

(b) “Department” means the Califomia Department of Public Health or a local law enforcement agency that has entered into an enforcement delegation contract with the Califomia Department of Public Health.

(c) “Inspection” means a law enforcement activity conducted by the Department in which a decoy, under the direct supervision of a regularly employed peace officer, attempts to purchase a tobacco product at a retail site.

(d) “Person” means any individual, partnership, company, estate, public or private institution, association, organization, group, city, county, city and county, political subdivision of this state, other governmental agency within the state, and any representative agent, or agency of any of the foregoing.

(e) “Retail site” means any outlet that provides tobacco products for sale to consumers including, but not limited to, an establishment, vending machine, vehicle, mobile unit, stationary mobile unit, booth, stand, or concession.

(f) “Sale” means the transfer or exchange for consideration or otherwise furnishing of a tobacco product to a consumer for the purpose of consumption or use, and not for re-sale.

(g) “Seller” means the owner of any retail business or any employee of the retail business authorized to make sales of tobacco products to consumers.

(h) “Tobacco product” shall read as defined by Section 22950.5 of the Business and Professions Code.

(i) “Valid identification” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license or an identification card issued to a member of the Armed Forces, which contains the name, date of birth, description, and photograph of the individual.

(j) “Vending machine” means any mechanical device, the operation of which depends upon the insertion of money, trade checks, tokens or other things representative of value and which dispenses or vends tobacco products.