§ 1700 — Definitions

§ 1700. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Vapor products" shall mean any vapor product, as defined by\nsection thirteen hundred ninety-nine-aa of this chapter, intended or\nreasonably expected to be used with or for the consumption of nicotine.\n 2. "Electronic cigarette" or "e-cigarette" shall have the same meaning\nas defined by section thirteen hundred ninety-nine-aa of this chapter.\n 3. "Ingredient" shall mean all of the following:\n (a) any intentional additive present in any quantity in a vapor\nproduct;\n (b) a byproduct or contaminant, present in a vapor product in any\nquantity equal to or greater than one-half of one percent of the content\nof such product by weight, or other amount determined by the\ncommissioner;\n (c) a byproduct present in a vapor product in any quantity less than\none-half of one percent of the content of such product by weight,\nprovided such element or compound has been published as a chemical of\nconcern on one or more lists identified by the commissioner; and\n (d) a contaminant present in a vapor product in a quantity determined\nby the commissioner and less than one-half of one percent of the content\nof such product by weight, provided such element or compound has been\npublished as a chemical of concern on one or more lists identified by\nthe commissioner.\n 4. "Intentionally added ingredient" shall mean any element or compound\nthat a manufacturer has intentionally added to a vapor product at any\npoint in such product's supply chain, or at any point in the supply\nchain of any raw material or ingredient used to manufacture such\nproduct.\n 5. "Byproduct" shall mean any element or compound in the finished\nvapor product, or in the vapor produced during consumption of a vapor\nproduct, which: (a) was created or formed during the manufacturing\nprocess as an intentional or unintentional consequence of such\nmanufacturing process at any point in such product's supply chain, or at\nany point in the supply chain of any raw material or ingredient used to\nmanufacture such product; or (b) is created or formed as an intentional\nor unintentional consequence of the use of an e-cigarette or consumption\nof a vapor product. "Byproduct" shall include, but is not limited to, an\nunreacted raw material, a breakdown product of an intentionally added\ningredient, a breakdown product of any component part of an e-cigarette,\nor a derivative of the manufacturing process.\n 6. "Contaminant" shall mean any element or compound made present in a\nvapor product as an unintentional consequence of manufacturing.\nContaminants include, but are not limited to, elements or compounds\npresent in the environment which were introduced into a product, a raw\nmaterial, or a product ingredient as a result of the use of an\nenvironmental medium, such as naturally occurring water, or other\nmaterials used in the manufacturing process at any point in a product's\nsupply chain, or at any point in the supply chain of any raw material or\ningredient used to manufacture such product.\n 7. "Manufacturer" shall mean any person, firm, association,\npartnership, limited liability company, or corporation which produces,\nprepares, formulates, or compounds a vapor product or e-cigarette, or\nwhose brand name is affixed to such product. In the case of a vapor\nproduct or e-cigarette imported into the United States, "manufacturer"\nshall mean the importer or first domestic distributor of such product if\nthe entity that manufactures such product or whose brand name is affixed\nto such product does not have a presence in the United States.\n