SB40,1074,19 5. A dietary substance that is intended for human consumption to supplement the diet by increasing total dietary intake.

SB40,1074,20 6. A concentrate, metabolite, constituent, or extract.

SB40,1074,24 (b) The product is intended for ingestion in tablet, capsule, powder, soft-gel, gel-cap, or liquid form, or, if not intended for ingestion in such forms, is not represented as conventional food and is not represented for use as the sole item of a meal or diet.

SB40,1075,2 (c) The product is required to be labeled as a dietary supplement as required under 21 CFR 101.36.

SB40, s. 2186 Section 2186. 77.51 (3p) of the statutes is created to read:

SB40,1075,8 77.51 (3p) "Digital audio works" means works that result from the fixation of a series of musical, spoken, or other sounds that are transferred electronically, including prerecorded or live music, prerecorded or live readings of books or other written materials, prerecorded or live speeches, or ringtones, but not including audio greeting cards sent by electronic mail.

SB40, s. 2187 Section 2187. 77.51 (3pa) of the statutes is created to read:

SB40,1075,15 77.51 (3pa) "Digital audiovisual works" means a series of related images that, when shown in succession, impart an impression of motion, along with accompanying sounds, if any, that are transferred electronically. "Digital audiovisual works" includes motion pictures, musical videos, news programs, and live events, but does not include video greeting cards sent by electronic mail or video or electronic games.

SB40, s. 2188 Section 2188. 77.51 (3pb) of the statutes is created to read:

SB40,1075,20 77.51 (3pb) "Digital books" means works that are generally recognized as books and are transferred electronically. "Digital books" includes novels, nonfiction works, and short stories, but does not include newspapers, periodicals, chat room discussions, or blogs.

SB40, s. 2189 Section 2189. 77.51 (3pc) of the statutes is created to read:

SB40,1076,5 77.51 (3pc) "Digital code" means a code that provides the person who holds the code a right to obtain an additional digital good, a digital audiovisual work, digital audio work, or digital book and that may be obtained by any means, including tangible forms and electronic mail, regardless of whether the code is designated as song code, video code, or book code. "Digital code" includes codes used to access or obtain any specified digital goods, or any additional digital goods that have been previously purchased, and promotion cards or codes that are purchased by a retailer or other business entity for use by the retailer's or entity's customers. "Digital code" does not include the following:

SB40,1076,8 1. A code that represents any redeemable card, gift card, or gift certificate that entitles the holder of such card or certificate to select any specified digital goods or additional digital goods at the cash value indicated by the card or certificate.

SB40,1076,10 2. Digital cash that represents a monetary value that a customer may use to pay for a future purchase.

SB40, s. 2190 Section 2190. 77.51 (3pd) of the statutes is created to read:

SB40,1076,21 77.51 (3pd) "Direct mail" means printed material that is delivered by the U.S. postal service or other delivery service to a mass audience or to addressees on a mailing list provided by or at the direction of the purchaser of the printed material, if the cost of the printed material or any tangible personal property included with the printed material is not billed directly to the recipients of the printed material. "Direct mail" includes any tangible personal property provided directly or indirectly by the purchaser of the printed material to the seller of the printed material for inclusion in any package containing the printed material, including billing invoices, return envelopes, and additional marketing materials. "Direct mail" does not include multiple items of printed material delivered to a single address.

SB40, s. 2191 Section 2191. 77.51 (3pe) of the statutes is created to read:

SB40,1076,24 77.51 (3pe) "Directory assistance" means an ancillary service that provides telephone numbers or addresses.

SB40, s. 2192 Section 2192. 77.51 (3pf) of the statutes is created to read:

SB40,1077,2 77.51 (3pf) "Distinct and identifiable product" does not include any of the following:

SB40,1077,5 (a) Packaging, including containers, boxes, sacks, bags, bottles, and envelopes; and other materials, including wrapping, labels, tags, and instruction guides; that accompany, and are incidental or immaterial to, the retail sale of any product.

SB40,1077,9 (b) A product that is provided free of charge to the consumer in conjunction with the purchase of another product, if the sales price of the other product does not vary depending on whether the product provided free of charge is included in the transaction.

SB40,1077,10 (c) Any items specified under sub. (12m) (a) or (15b) (a).

SB40, s. 2193 Section 2193. 77.51 (3pj) of the statutes is created to read:

SB40,1077,14 77.51 (3pj) "Drug" means a compound, substance, or preparation, or any component of them, other than food and food ingredients, dietary supplements, or alcoholic beverages, to which any of the following applies:

SB40,1077,17 (a) It is listed in the United States Pharmacopoeia, Homeopathic Pharmacopoeia of the United States, or National Formulary, or any supplement to any of them.

SB40,1077,19 (b) It is intended for use in diagnosing, curing, mitigating, treating, or preventing a disease.

SB40,1077,20 (c) It is intended to affect a function or structure of the body.

SB40, s. 2194 Section 2194. 77.51 (3pm) of the statutes is created to read: