(a) Act. "Act" means the Regulation of the Sale of Flavored Tobacco Products, Flavored Electronic Cigarettes and Flavored E-Liquid, And Regulation of Age of Entry to Non-Tobacco Hookah Establishments, as provided in Chapter 7, Title 17 of the New York City Administrative Code ("the Administrative Code"), as amended by Local Law 69 of 2009, Local Law 187 of 2017, and Local Law 228 of 2019, and Subchapter 35, Chapter 2, Title 20 of the Administrative Code.
(b) Characterizing Flavor. "Characterizing Flavor" has the meaning set forth in § 17-713 of the Act.
(c) Commissioner. "Commissioner" means the Commissioner of the New York City Department of Health and Mental Hygiene.
(d) Department. "Department" means the New York City Department of Health and Mental Hygiene.
(e) Department of Consumer Affairs. "Department of Consumer Affairs" means the New York City Department of Consumer and Worker Protection.
(f) Distinguishable. "Distinguishable" means clearly perceivable by either the sense of smell or taste.
(g) Flavored E-liquid. "Flavored E-liquid" has the meaning set forth in § 17-713 of the Act.
(h) Flavored Electronic cigarette. "Flavored Electronic cigarette" has the meaning set forth in § 17-713 of the Act.
(i) Flavored tobacco product. "Flavored tobacco product" has the meaning set forth in § 17-713 of the Act.
(j) Label. "Label" means a display of written, printed, or graphic matter upon the immediate container of any tobacco product.
(k) Labeling. "Labeling" means all labels and other written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.
(l) Manufacturer. "Manufacturer" means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.
(m) Marketing. "Marketing" means the process or technique of promoting, selling, and distributing a product or service.
(n) Packaging. "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a product is offered for sale, sold, or otherwise distributed to consumers.
(o) Rules. "Rules" means 24 RCNY Chapter 28.
(p) Tobacco bar. "Tobacco bar" has the meaning set forth in subdivision jj of § 17-502 of the Administrative Code.
(q) Tobacco products. "Tobacco product" has the meaning set forth in § 17-713 of the Act. Tobacco products shall include, but not be limited to: cigars, pipe tobacco, smokeless tobacco, dissolvable tobacco, snuff, shisha, blunts, and blunt wraps. For purposes of this chapter, tobacco products shall not include cigarettes, electronic cigarettes, or e-liquids.
(r) Wholesale dealer or wholesaler. "Wholesale dealer" and "wholesaler" mean any person who sells cigarettes, tobacco products, e-cigarettes or e-liquid to retail dealers or other persons for purposes of resale only, and any person who owns, operates or maintains one or more cigarette vending machines in, at or upon premises owned or occupied by any other person.
(Amended City Record 11/18/2021, eff. 12/18/2021)
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