§ 641. Weight loss services and products. For the purposes of this\narticle:\n 1. "Weight loss services" shall mean counseling and educational\nactivities, including, but not limited to, recommending the use of\nweight loss products, which have the primary purpose of helping\nindividuals reduce body weight. Weight loss services does not include\nproviding information to the public regarding individual weight loss\nproducts if the person, firm or corporation is not also engaged in\ncounseling activities.\n 2. "Weight loss products" shall mean any foods, ingredients or\ncomponents of foods, nutritional formulas or supplements, drugs,\nequipment or any other products sold or offered for the primary purpose\nof helping individuals reduce body weight.\n 3. "Direct seller" shall mean any person if (a) such person is (i)\nengaged in the trade or business of selling or soliciting the sale of\nconsumer products to any buyer on a buy-sell basis or a\ndeposit-commission basis for resale by the buyer or any other person in\nthe home or otherwise than in a permanent retail establishment, or (ii)\nengaged in the trade or business of selling or soliciting the sale of\nconsumer products in the home or otherwise than in a permanent retail\nestablishment;\n (b) substantially all the remuneration, whether or not paid in cash,\nfor the performance of the services described in paragraph (a) of this\nsubdivision is directly related to sales or other output, including the\nperformance of services, rather than to the number of hours worked; and\n (c) the services performed by the person are performed pursuant to a\nwritten contract between such person and the person for whom the\nservices are performed and such contract provides that the person will\nnot be treated as an employee with respect to such services for state\nand federal tax purposes.\n
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