§ 27-2001 — Definitions

§ 27-2001. Definitions.\n As used in this title, the following terms shall have the following\nmeanings:\n 1. "architectural paint" means interior and exterior architectural\ncoatings sold in containers of five gallons or less; provided, however,\nthat "architectural paint" shall not include industrial, original\nequipment or specialty coatings.\n 2. "commissioner" means the commissioner of environmental\nconservation.\n 3. "department" means the department of environmental conservation.\n 4. "environmentally sound management practices" means procedures for\nthe collection, storage, transportation, reuse, recycling and disposal\nof architectural paint, to be implemented by the producer or\nrepresentative organization or by the producers or representative\norganization's contracted partners to ensure compliance with all\napplicable federal, state and local laws and any regulations and\nordinances for the protection of human health and the environment and\nthese procedures shall address adequate record keeping, tracking and\ndocumenting of the final disposition of materials.\n 5. "postconsumer paint" means architectural paint not used and no\nlonger wanted by a consumer.\n 6. "producer" means a manufacturer of architectural paint who sells,\noffers for sale or distributes the architectural paint in the state.\n 7. "program" means the postconsumer paint collection program\nestablished pursuant to section 27-2003 of this title.\n 8. "recycling" means a process by which discarded products, components\nand by-products are transformed into new usable or marketable materials\nin a manner in which the original products may lose their identity. This\nterm excludes thermal treatment or the use of postconsumer paint as a\nfuel substitute or for energy production.\n 9. "representative organization" means a not-for-profit organization\nestablished by producers to implement the postconsumer paint collection\nprogram.\n 10. "retailer" means a person that offers architectural paint for sale\nat retail in the state.\n 11. "Reuse" means the return of a product into the economic stream for\nuse in the same kind of application as the product was originally\nintended to be used, without a change in the product's identity.\n 12. "Sell" or "sale" means any transfer for consideration of title or\nthe right to use, from a manufacturer or retailer to a person,\nincluding, but not limited to, transactions conducted through retail\nsales outlets, catalogs, mail, the telephone, the internet, or any\nelectronic means; this does not include samples, donations, and reuse.\n