2023 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.