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This entry was published on 2014-09-22
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SECTION 27-1803
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 18
§ 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 nickel-cadmium,
sealed lead, lithium ion, nickel metal hydride battery, or any other
such dry cell battery capable of being recharged weighing less than
twenty-five pounds, or battery packs containing such batteries; 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

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.