N.Y. Public Health Law § 1700: Definitions

§ 1700. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Vapor products" shall mean any vapor product, as defined by

section thirteen hundred ninety-nine-aa of this chapter, intended or

reasonably expected to be used with or for the consumption of nicotine.

2. "Electronic cigarette" or "e-cigarette" shall have the same meaning

as defined by section thirteen hundred ninety-nine-aa of this chapter.

3. "Ingredient" shall mean all of the following:

(a) any intentional additive present in any quantity in a vapor

product;

(b) a byproduct or contaminant, present in a vapor product in any

quantity equal to or greater than one-half of one percent of the content

of such product by weight, or other amount determined by the

commissioner;

(c) a byproduct present in a vapor product in any quantity less than

one-half of one percent of the content of such product by weight,

provided such element or compound has been published as a chemical of

concern on one or more lists identified by the commissioner; and

(d) a contaminant present in a vapor product in a quantity determined

by the commissioner and less than one-half of one percent of the content

of such product by weight, provided such element or compound has been

published as a chemical of concern on one or more lists identified by

the commissioner.

4. "Intentionally added ingredient" shall mean any element or compound

that a manufacturer has intentionally added to a vapor product at any

point in such product's supply chain, or at any point in the supply

chain of any raw material or ingredient used to manufacture such

product.

5. "Byproduct" shall mean any element or compound in the finished

vapor product, or in the vapor produced during consumption of a vapor

product, which: (a) was created or formed during the manufacturing

process as an intentional or unintentional consequence of such

manufacturing process at any point in such product's supply chain, or at

any point in the supply chain of any raw material or ingredient used to

manufacture such product; or (b) is created or formed as an intentional

or unintentional consequence of the use of an e-cigarette or consumption

of a vapor product. "Byproduct" shall include, but is not limited to, an

unreacted raw material, a breakdown product of an intentionally added

ingredient, a breakdown product of any component part of an e-cigarette,

or a derivative of the manufacturing process.

6. "Contaminant" shall mean any element or compound made present in a

vapor product as an unintentional consequence of manufacturing.

Contaminants include, but are not limited to, elements or compounds

present in the environment which were introduced into a product, a raw

material, or a product ingredient as a result of the use of an

environmental medium, such as naturally occurring water, or other

materials used in the manufacturing process at any point in a product's

supply chain, or at any point in the supply chain of any raw material or

ingredient used to manufacture such product.

7. "Manufacturer" shall mean any person, firm, association,

partnership, limited liability company, or corporation which produces,

prepares, formulates, or compounds a vapor product or e-cigarette, or

whose brand name is affixed to such product. In the case of a vapor

product or e-cigarette imported into the United States, "manufacturer"

shall mean the importer or first domestic distributor of such product if

the entity that manufactures such product or whose brand name is affixed

to such product does not have a presence in the United States.