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This entry was published on 2014-09-22
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SECTION 27-2601
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 26
§ 27-2601. Definitions.

As used in this title:

1. "Cathode ray tube" means a vacuum tube or picture tube used to
convert an electronic signal into a visual image.

2. "Computer" means an electronic, magnetic, optical, electrochemical
or other high-speed data processing device performing a logical,
arithmetic or storage function, including a laptop computer and desktop
computer, and includes any cable, cord, or wiring permanently affixed to
or incorporated into such product, and may include both a computer
central processing unit and a monitor; but such term shall not include
an automated typewriter or typesetter, a portable hand-held calculator,
a portable digital assistant, server, or other similar device.

3. "Computer peripheral" means a monitor; electronic keyboard;
electronic mouse or similar pointing device; facsimile machine, document
scanner, or printer intended for use with a computer; and includes any
cable, cord, or wiring permanently affixed to or incorporated into any
such product. Computer peripheral shall not include any document scanner
or printer which weighs one hundred pounds or more.

4. "Consumer" means a person located in the state who owns or uses
covered electronic equipment, including but not limited to an
individual, a business, corporation, limited partnership, not-for-profit
corporation, the state, a public corporation, public school, school
district, private or parochial school or board of cooperative
educational services or governmental entity, but does not include an
entity involved in a wholesale transaction between a distributor and

5. "Covered electronic equipment" means: a computer; computer
peripheral; small electronic equipment; small-scale server; cathode ray
tube; or television, as defined in this section. "Covered electronic
equipment" does not include any motor vehicle or any part thereof;
camera or video camera; portable or stationary radio; household
appliances such as clothes washers, clothes dryers, refrigerators,
freezers, microwave ovens, ovens, ranges or dishwashers; equipment that
is functionally or physically part of a larger piece of equipment
intended for use in an industrial, research and development or
commercial setting; security or anti-terrorism equipment; monitoring and
control instrument or system; thermostat; hand-held transceiver;
telephone of any type; portable digital assistant or similar device;
calculator; global positioning system (GPS) receiver or similar
navigation device; a server other than a small-scale server; a cash
register or retail self checkout system; a stand-alone storage product
intended for use in industrial, research and development or commercial
settings; commercial medical equipment that contains within it a cathode
ray tube, a flat panel display or similar video display device, and is
not separate from the larger piece of equipment; or other medical
devices as that term is defined under the Federal Food, Drug and
Cosmetic Act.

6. "Electronic waste" means covered electronic equipment that has been
discarded or is no longer wanted by its owner, or for any other reason
enters the waste collection, recovery, treatment, processing, or
recycling system. For purposes of section 27-2611 of this title,
"electronic waste" does not include the case, shell, or other enclosure
of covered electronic equipment from which incorporated assemblies,
sub-assemblies, components, materials, wiring, circuitry and commodities
have been removed.

7. "Electronic waste collection site" means a facility at a fixed or
temporary site at which electronic waste is accepted from consumers and
temporarily stored for more than five days in a calendar year before
such waste is transported to an electronic waste consolidation facility
or electronic waste recycling facility. Electronic waste collection
sites include, but are not limited to, dedicated sites and facilities
for the acceptance of electronic waste, and retail stores and outlets,
municipal or private electronic waste collection sites and
not-for-profit donation sites that have agreed to accept electronic

8. "Electronic waste consolidation facility" means a facility that
receives and stores electronic waste for the purpose of organizing,
categorizing or consolidating items of electronic waste before such
waste is transported to an electronic waste recycling facility.
Electronic waste consolidation facilities include, but are not limited
to, facilities of brokers acting as intermediaries between electronic
waste buyers and sellers, and regional centers at which electronic waste
is organized, categorized or consolidated after being transported to
such centers from electronic waste collection sites or other electronic
waste consolidation facilities.

9. "Electronic waste recycling facility" means a facility at which
electronic waste is recycled.

10. "Label" means a marker on the surface of covered electronic
equipment conveying information; for the purposes of this title, labels
must be permanent and can be attached, printed, engraved or incorporated
in any other permanent way that is obvious and visible to users of the

11. "Manufacturer" means a person who: (a) assembles or substantially
assembles covered electronic equipment for sale in the state; (b)
manufactures covered electronic equipment under its own brand name or
under any other brand name for sale in the state; (c) sells, under its
own brand name, covered electronic equipment sold in the state; (d) owns
a brand name that it licenses to another person for use on covered
electronic equipment sold in the state; (e) imports covered electronic
equipment for sale in the state; or (f) manufactures covered electronic
equipment for sale in the state without affixing a brand name.
"Manufacturer" does not mean a person who assembles or substantially
assembles, and sells less than one thousand units of covered electronic
equipment annually in this state, or whose primary business is the sale
of covered electronic equipment which is comprised primarily of rebuilt,
refurbished or used components. If more than one person is a
manufacturer of a brand of covered electronic equipment, any such person
may assume responsibility for obligations of a manufacturer of that
brand under this title. If none of those persons assumes responsibility
for the obligations of a manufacturer under this title, any and all such
persons jointly and severally may be considered to be the responsible
manufacturer of that brand for purposes of this title.

12. "Manufacturer's brands" means a manufacturer's name, brand name or
brand label, and all manufacturer's names, brand names and brand labels
for which the manufacturer has a legal right or interest, including
those names, brand names, and brand labels of companies that have been
acquired by the manufacturer or in which the manufacturer asserts a
legal interest such as trademark, license, service mark, or patent.

13. "Monitor" means a separate visual display component of a computer,
whether sold separately or together with a computer central processing
unit, and includes a cathode ray tube, liquid crystal display, gas
plasma, digital light processing or other image projection technology,
greater than four inches when measured diagonally, and its case,
interior wires and circuitry, and any cable cord or wiring permanently
affixed thereto or incorporated into such product.

14. "Person" means any individual, business entity, partnership,
company, corporation, not-for-profit corporation, association,
governmental entity, public benefit corporation, public authority, firm,
organization, or any other group of individuals, or any officer or
employee or agent thereof.

15. "Recycle" means to separate, dismantle or process the materials,
components or commodities contained in electronic waste for the purpose
of preparing the materials, components or commodities for use or reuse
in new products or components thereof, but not for energy recovery or
energy generation by means of combustion, gasification, pyrolysis or
other means. Recycling includes the manual and mechanical separation of
electronic waste to recover materials, components or commodities
contained therein for the purpose of reuse or recycling, and changing
the physical or chemical composition of electronic waste to segregate
components for purposes of recycling those components.

16. "Retailer" means a person who sells covered electronic equipment
to a person in the state through any means, including, but not limited
to, transactions conducted through retail sales outlets, mail, catalogs,
the telephone or the internet, or any electronic means. "Retailer" does
not include a person who sells or offers for sale fewer than ten items
of covered electronic equipment during a calendar year.

17. "Reuse" means the use of electronic waste that is tested and
certified to be in good working order and which was removed from the
waste stream for use for the same purpose for which it was manufactured,
including the continued use of whole systems or components.

18. "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; this includes transfer of new products or used
products that may have been refurbished by their manufacturer or
manufacturer-approved party and that are offered for sale by a
manufacturer or retailer, but does not include consumer-to-consumer
second-hand transfer. "Sell or sale" does not include: (a) the transfer
of used covered electronic equipment or a lease of covered electronic
equipment; or (b) wholesale transactions among a manufacturer,
wholesaler and retailer.

19. "Small electronic equipment" means any portable digital music
player that has memory capability and is battery-powered, video cassette
recorder, a digital video disc player, digital video recorder, digital
converter box, cable or satellite receiver, or electronic or video game
console, and includes any cable, cord, or wiring permanently affixed to
or incorporated into any such product.

20. "Small-scale server" means a computer that typically uses desktop
components in a desktop form factor, but is designed primarily to be a
storage host for other computers. To be considered a small-scale server,
a computer must have the following characteristics: designed in a
pedestal, tower, or other form factor similar to those of desktop
computers such that all data processing, storage, and network
interfacing is contained within one box or product; intended to be
operational twenty-four hours per day and seven days a week, and
unscheduled downtime is extremely low, such as on the order of hours per
year; is capable of operating in a simultaneous multi-user environment
serving several users through networked client units; and designed for
an industry accepted operating system for home or low-end server

21. "Television" means a display system containing a cathode ray tube
or any other type of display primarily intended to receive video
programming via broadcast, cable or satellite transmission, having a
viewable area greater than four inches when measured diagonally.