§ 1399-AA — Definitions

§ 1399-aa. Definitions. As used in this article:\n 1. "Enforcement officer" means the enforcement officer designated\npursuant to article thirteen-E of this chapter to enforce such article\nand hold hearings pursuant thereto; provided that in a city with a\npopulation of more than one million it shall also mean an officer or\nemployee or any agency of such city that is authorized to enforce any\nlocal law of such city related to the regulation of the sale of tobacco\nproducts to minors, or for the purposes of section thirteen hundred\nninety-nine-ee of this article, the office of administrative trials and\nhearings of such city.\n 2. "Food service establishment" means any area, including outdoor\nseating areas, in which the business is the sale of food for on-premises\nconsumption.\n 3. "Person" means a person, firm, company, corporation, partnership,\nsole proprietor, limited partnership or association.\n 4. "Private club" means an organization with no more than an\ninsignificant portion of its membership comprised of people under the\nage of twenty-one years that regularly receives dues and/or payments\nfrom its members for the use of space, facilities and services.\n 5. "Tobacco products" means one or more cigarettes or cigars, bidis,\nchewing tobacco, powdered tobacco, nicotine water or any other tobacco\nproducts.\n 6. "Herbal cigarette" means any product made primarily of an herb or\ncombination of herbs, and intended to be smoked in any of the methods\nthat tobacco is smoked, including but not limited to, as a cigarette,\ncigar or pipe filler.\n 7. "Bidis" means a product containing tobacco that is wrapped in\ntemburni leaf (diospyros melanoxylon) or tendra leaf (diospyros\nexculpra), or any other product offered to consumers as "beedies" or\n"bidis".\n 8. "Tobacco business" means a sole proprietorship, corporation,\nlimited liability company, partnership or other enterprise in which the\nprimary activity is the sale, manufacture or promotion of tobacco,\ntobacco products and accessories, either at wholesale or retail, and in\nwhich the sale, manufacture or promotion of other products is merely\nincidental.\n 9. "Factory" means any mill or other manufacturing establishment where\none or more persons are employed in manufacturing including making,\naltering, repairing, finishing, bottling, canning, cleaning or\nlaundering any article or thing.\n 10. "Gutka" means a product containing lime paste, spices, areca and\ntobacco.\n 11. "Nicotine water" means bottled water that is laced with nicotine.\n 12. "Shisha" means any product made primarily of tobacco or other\nleaf, or any combination thereof, smoked or intended to be smoked in a\nhookah or water pipe.\n 13. "Electronic cigarette" or "e-cigarette" means an electronic device\nthat delivers vapor which is inhaled by an individual user, and shall\ninclude any refill, cartridge and any other component of such a device.\n 14. "Price reduction instrument" means any coupon, voucher, rebate,\ncard, paper, note, form, statement, ticket, image, or other issue,\nwhether in paper, digital, or any other form, used for commercial\npurposes to receive an article, product, service, or accommodation\nwithout charge or at a discounted price.\n 15. "Listed or non-discounted price" means the price listed for\ncigarettes, tobacco products, or vapor products intended or reasonably\nexpected to be used with or for the consumption of nicotine, on their\npackages or any related shelving, posting, advertising or display at the\nlocation where the cigarettes, tobacco products, or vapor products\nintended or reasonably expected to be used with or for the consumption\nof nicotine, are sold or offered for sale, including all applicable\ntaxes.\n 16. "Retail dealer" means a person licensed by the commissioner of\ntaxation and finance to sell cigarettes, tobacco products, or vapor\nproducts in this state.\n 17. "Vapor products" means any noncombustible liquid or gel,\nregardless of the presence of nicotine therein, that is manufactured\ninto a finished product for use in an electronic cigarette, including\nany device that contains such noncombustible liquid or gel. "Vapor\nproduct" shall not include any device, or any component thereof, that\ndoes not contain such noncombustible liquid or gel, or any product\napproved by the United States food and drug administration as a drug or\nmedical device, or manufactured and dispensed pursuant to title five-A\nof article thirty-three of this chapter.\n 18. "Vapor products dealer" means a person licensed by the\ncommissioner of taxation and finance to sell vapor products in this\nstate.\n 19. "Kratom" means any part of the plant Mitragyna speciosa, whether\ngrowing or not, and any compound, manufacture, salt, derivative,\nmixture, or preparation of such plant.\n