Legislation

§ 27-1803. Definitions.

When used in this title:

1. "battery manufacturer" means every person, firm or corporation
that: (i) produces rechargeable batteries sold or distributed in the
state, or packages such batteries for sale in the state, except that if
such production or packaging is for a distributor having the right to
produce or otherwise package that same brand of battery in the state,
then such distributor shall be deemed to be the battery manufacturer; or
(ii) imports rechargeable batteries into the United States that are sold
or distributed in the state;

2. "consumer" means any person who purchases one or more rechargeable
batteries, or products containing such batteries at the time of sale,
for personal use;

3. "place of business" means the location at which a retailer sells or
offers for sale to consumers, rechargeable batteries, or products
containing such batteries at the time of sale;

4. "rechargeable battery" means any rechargeable: (i) nickel-cadmium,
sealed lead, lithium ion, nickel metal hydride battery; (ii) battery
used as the principal electric power source for an electric scooter or
bicycle with electric assist; or (iii) any other such dry cell battery
capable of being recharged weighing less than fifty pounds, or battery
packs containing such batteries; (iv) but shall not include a battery
used as the principal electric power source for a vehicle, such as, but
not limited to, an automobile, boat, truck, tractor, golf cart or
wheelchair; for storage of electricity generated by an alternative power
source, such as solar or wind-driven generators; or for memory backup
that is an integral component of an electronic device;

5. "retailer" means a person, firm or corporation that engages in the
sale of rechargeable batteries, or products containing such batteries,
to a consumer in the state, including, but not limited to, transactions
conducted through sales outlets, catalogs, by mail, telephone or the
internet. For the purposes of this section retailer shall not include a
food store; and

6. "food store" means a store selling primarily food and food products
for consumption or use off the premises that occupies less than fourteen
thousand square feet of display space.

7. "sell" or "sale" means any transfer for consideration of title or
the right to use, from a manufacturer or retailer to a person,
including, but not limited to, transactions conducted through retail
sales outlets, catalogs, mail, the telephone, the internet, or any
electronic means; "sell" or "sale" shall not include samples, donations,
and reuse.