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This entry was published on 2022-04-08
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SECTION 641
Weight loss services and products
General Business (GBS) CHAPTER 20, ARTICLE 30-B
§ 641. Weight loss services and products. For the purposes of this
article:

1. "Weight loss services" shall mean counseling and educational
activities, including, but not limited to, recommending the use of
weight loss products, which have the primary purpose of helping
individuals reduce body weight. Weight loss services does not include
providing information to the public regarding individual weight loss
products if the person, firm or corporation is not also engaged in
counseling activities.

2. "Weight loss products" shall mean any foods, ingredients or
components of foods, nutritional formulas or supplements, drugs,
equipment or any other products sold or offered for the primary purpose
of helping individuals reduce body weight.

3. "Direct seller" shall mean any person if (a) such person is (i)
engaged in the trade or business of selling or soliciting the sale of
consumer products to any buyer on a buy-sell basis or a
deposit-commission basis for resale by the buyer or any other person in
the home or otherwise than in a permanent retail establishment, or (ii)
engaged in the trade or business of selling or soliciting the sale of
consumer products in the home or otherwise than in a permanent retail
establishment;

(b) substantially all the remuneration, whether or not paid in cash,
for the performance of the services described in paragraph (a) of this
subdivision is directly related to sales or other output, including the
performance of services, rather than to the number of hours worked; and

(c) the services performed by the person are performed pursuant to a
written contract between such person and the person for whom the
services are performed and such contract provides that the person will
not be treated as an employee with respect to such services for state
and federal tax purposes.