§ 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.

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.