2021 New York Laws
PBH - Public Health
Article 17 - Ingredient Disclosures for Vapor Products and E-Cigarettes
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.