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This entry was published on 2020-07-03
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SECTION 1700
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 17
§ 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.