N.Y. General Business Law § 641: Weight loss services and products

§ 641. Weight loss services and products. For the purposes of this

article:

1. "Weight loss services" shall mean counseling and educational

activities, including, but not limited to, recommending the use of

weight loss products, which have the primary purpose of helping

individuals reduce body weight. Weight loss services does not include

providing information to the public regarding individual weight loss

products if the person, firm or corporation is not also engaged in

counseling activities.

2. "Weight loss products" shall mean any foods, ingredients or

components of foods, nutritional formulas or supplements, drugs,

equipment or any other products sold or offered for the primary purpose

of helping individuals reduce body weight.

3. "Direct seller" shall mean any person if (a) such person is (i)

engaged in the trade or business of selling or soliciting the sale of

consumer products to any buyer on a buy-sell basis or a

deposit-commission basis for resale by the buyer or any other person in

the home or otherwise than in a permanent retail establishment, or (ii)

engaged in the trade or business of selling or soliciting the sale of

consumer products in the home or otherwise than in a permanent retail

establishment;

(b) substantially all the remuneration, whether or not paid in cash,

for the performance of the services described in paragraph (a) of this

subdivision is directly related to sales or other output, including the

performance of services, rather than to the number of hours worked; and

(c) the services performed by the person are performed pursuant to a

written contract between such person and the person for whom the

services are performed and such contract provides that the person will

not be treated as an employee with respect to such services for state

and federal tax purposes.