N.Y. Public Health Law Section 1399-AA
Definitions

As used in this article: * 1. “Enforcement officer” means the enforcement officer designated pursuant to article 13-E (Regulation of Smoking and Vaping In Certain Public Areas)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. * NB Effective until May 21, 2026 * 1. “Enforcement officer” means the enforcement officer designated pursuant to article 13-E (Regulation of Smoking and Vaping In Certain Public Areas)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 § 1399-EE (Hearings)section thirteen hundred ninety-nine-ee of this article, the office of administrative trials and hearings of such city. * NB Effective May 21, 2026 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 33 (Controlled Substances)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. * 19. “Kratom” means any part of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of such plant. * NB Effective and Repealed June 17, 2026

Source: Section 1399-AA — Definitions, https://www.­nysenate.­gov/legislation/laws/PBH/1399-AA (updated Feb. 27, 2026; accessed Feb. 28, 2026).

Green check means up to date. Up to date

Verified:
Feb. 28, 2026

Last modified:
Feb. 27, 2026

§ 1399-AA. Definitions's source at nysenate​.gov

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