Note
Section 339D-1 designated as part I by L 2009, c 183, §3.
§339D-1 Definitions. As used in this chapter:
"Brand" means a symbol, word, or mark that identifies a covered electronic device or a covered television, rather than any of its components.
"Covered electronic device" [See note below.]:
(1) Means a computer, computer printer, computer monitor, or portable computer with a screen size greater than four inches measured diagonally; and
(2) Shall not include:
(A) A covered electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a motor vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(B) A covered electronic device that is functionally or physically required as a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment;
(C) A covered electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or
(D) A telephone of any type.
"Covered entity" means any household, government entity, business, or nonprofit organization exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code, regardless of size or place of operation within the State.
"Covered television":
(1) Means any device that is capable of receiving broadcast, cable, or satellite signals and displaying television or video programming, including without limitation any direct view or projection television with a viewable screen of nine inches or larger with display technology based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology marketed and intended for use by a household;
(2) Shall not include:
(A) A computer, computer printer, computer monitor, or portable computer;
(B) A television that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(C) A television that is functionally or physically required as a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment;
(D) A telephone of any type, including a mobile telephone; or
(E) A global positioning system.
"Department" means the department of health.
"Electronic device manufacturer":
(1) Means any existing person:
(A) Who manufactures or manufactured covered electronic devices under a brand that it owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor;
(B) Who sells or sold covered electronic devices manufactured by others under a brand that the seller owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor;
(C) Who manufactures or manufactured covered electronic devices without affixing a brand;
(D) Who manufactures or manufactured covered electronic devices to which it affixes or affixed a brand that it neither owns or owned nor is or was licensed to use; or
(E) For whose account covered electronic devices manufactured outside the United States are or were imported into the United States; provided that if at the time those covered electronic devices are or were imported into the United States and another person has registered as the manufacturer of the brand of the covered electronic devices, this paragraph shall not apply;
(2) Shall not include persons who manufacture no more than one hundred computers per year.
"Household" means any occupant of a single detached dwelling unit or of a single unit of a multiple dwelling unit who has used a covered electronic device or covered television at a dwelling unit primarily for personal or home business use.
"Market share":
(1) Means the calculation of a television manufacturer's prior year's sales of televisions divided by all manufacturers' prior year's sales for all televisions, as determined by the department;
(2) May be expressed as a percentage, a fraction, or a decimal fraction.
"New covered electronic device" means a covered electronic device that is manufactured after the effective date of this chapter.
"Person" means any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority.
"Program year" means a full calendar year beginning on or after January 1, 2010, and each calendar year thereafter beginning on January 1.
"Recover" means to reuse or recycle.
"Recycling" means processing (including disassembling, dismantling, or shredding) covered electronic devices or covered televisions or their components to recover a useable product; provided that "recycling" does not include any process defined as incineration under applicable laws and rules.
"Retailer" means any person who offers covered electronic devices or covered televisions for sale, other than for resale by the purchaser, through any means, including sales outlets, catalogs, or the Internet.
"Sell" or "sale" means any transfer for consideration of title, including transactions conducted through sales outlets, catalogs, or the Internet, but excluding leases.
"Television manufacturer" means a person who:
(1) Manufactures for sale in the State a covered television under a brand that it licenses or owns;
(2) Manufactures for sale in the State covered televisions without affixing a brand;
(3) Resells into the State a covered television manufactured by others under a brand that the seller owns or is licensed to use;
(4) Imports into the United States or exports from the United States a covered television for sale in the State;
(5) Sells at retail a covered television acquired from an importer described in paragraph (4), and elects to register as the manufacturer for those products;
(6) Manufactures covered televisions and supplies them to any person or persons within a distribution network that includes wholesalers or retailers in this State; or
(7) Assumes the responsibilities and obligations of a television manufacturer under this chapter.
In the event the television manufacturer is one who manufactures, sells, or resells covered televisions under a brand for which it has obtained the license, then the licensor or brand owner of the brand shall not be included in the definition of television manufacturer under paragraph (1) or (3). [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §8]
Note
The source note to this section is supplemented by "L Sp 2008, c 13, §3(e); am L 2009, c 183, §16".
Electric device recycling task force; report to 2013 legislature; dissolved June 30, 2013. L 2012, c 78.
Section: 339d-1 339d-2 339d-3 339d-4 339d-5 339d-6 339d-7 339d-7.5 339d-8 339d-9 339d-10 339d-11 339d-12 339d-21 339d-22 NextLast modified: October 27, 2016