N.Y. Public Health Law § 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, or for the purposes of section thirteen hundred

ninety-nine-ee of this article, the office of administrative trials and

hearings of such city.

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.