NY Pub Health L § 1399-AA (2021)
2021 New York Laws PBH - Public Health Article 13-F - Regulation of Tobacco Products, Herbal Cigarettes and Smoking Paraphernalia; Distribution to Minors 1399-AA - Definitions.

§ 1399-aa. Definitions. As used in this article:1.  "Enforcement  officer"  means  the  enforcement officer designated   pursuant to article thirteen-E of this chapter to enforce  such  article   and  hold  hearings  pursuant  thereto;  provided  that in a city with a   population of more than one million it shall also  mean  an  officer  or   employee  or  any  agency of such city that is authorized to enforce any   local law of such city related to the regulation of the sale of  tobacco   products to minors.2.  "Food  service  establishment"  means  any area, including outdoor   seating areas, in which the business is the sale of food for on-premises   consumption.3. "Person" means a person, firm, company,  corporation,  partnership,   sole proprietor, limited partnership or association.4.  "Private  club"  means  an  organization  with  no  more  than  an   insignificant portion of its membership comprised of  people  under  the   age  of  twenty-one  years  that regularly receives dues and/or payments   from its members for the use of space, facilities and services.5. "Tobacco products" means one or more cigarettes or  cigars,  bidis,   chewing  tobacco,  powdered tobacco, nicotine water or any other tobacco   products.6. "Herbal cigarette" means any product made primarily of an  herb  or   combination  of  herbs,  and intended to be smoked in any of the methods   that tobacco is smoked, including but not limited to,  as  a  cigarette,   cigar or pipe filler.7.  "Bidis"  means  a  product  containing  tobacco that is wrapped in   temburni  leaf  (diospyros  melanoxylon)  or  tendra   leaf   (diospyros   exculpra),  or  any  other  product offered to consumers as "beedies" or   "bidis".8.  "Tobacco  business"  means  a  sole  proprietorship,  corporation,   limited  liability company, partnership or other enterprise in which the   primary activity is the  sale,  manufacture  or  promotion  of  tobacco,   tobacco  products and accessories, either at wholesale or retail, and in   which the sale, manufacture or promotion of  other  products  is  merely   incidental.9. "Factory" means any mill or other manufacturing establishment where   one  or  more  persons  are  employed in manufacturing including making,   altering,  repairing,  finishing,   bottling,   canning,   cleaning   or   laundering any article or thing.10.  "Gutka"  means a product containing lime paste, spices, areca and   tobacco.11. "Nicotine water" means bottled water that is laced with nicotine.12. "Shisha" means any product made  primarily  of  tobacco  or  other   leaf,  or  any combination thereof, smoked or intended to be smoked in a   hookah or water pipe.13. "Electronic cigarette" or "e-cigarette" means an electronic device   that delivers vapor which is inhaled by an individual  user,  and  shall   include any refill, cartridge and any other component of such a device.14.  "Price  reduction  instrument" means any coupon, voucher, rebate,   card, paper, note, form,  statement,  ticket,  image,  or  other  issue,   whether  in  paper,  digital,  or  any  other  form, used for commercial   purposes to receive  an  article,  product,  service,  or  accommodation   without charge or at a discounted price.15.  "Listed  or  non-discounted  price"  means  the  price listed for   cigarettes, tobacco products, or vapor products intended  or  reasonably   expected  to  be  used with or for the consumption of nicotine, on their   packages or any related shelving, posting, advertising or display at the   location where the  cigarettes,  tobacco  products,  or  vapor  products   intended  or  reasonably expected to be used with or for the consumption    of nicotine, are sold or offered  for  sale,  including  all  applicable   taxes.16.  "Retail  dealer"  means  a person licensed by the commissioner of   taxation and finance to sell  cigarettes,  tobacco  products,  or  vapor   products in this state.17.   "Vapor   products"  means  any  noncombustible  liquid  or  gel,   regardless of the presence of nicotine  therein,  that  is  manufactured   into  a  finished  product for use in an electronic cigarette, including   any device that contains  such  noncombustible  liquid  or  gel.  "Vapor   product"  shall  not  include any device, or any component thereof, that   does not contain such noncombustible  liquid  or  gel,  or  any  product   approved  by the United States food and drug administration as a drug or   medical device, or manufactured and dispensed pursuant to  title  five-A   of article thirty-three of this chapter.18.   "Vapor   products   dealer"  means  a  person  licensed  by  the   commissioner of taxation and finance to  sell  vapor  products  in  this   state.