§ 27-2601 — Definitions

§ 27-2601. Definitions.\n As used in this title:\n 1. "Cathode ray tube" means a vacuum tube or picture tube used to\nconvert an electronic signal into a visual image.\n 2. "Computer" means an electronic, magnetic, optical, electrochemical\nor other high-speed data processing device performing a logical,\narithmetic or storage function, including a laptop computer and desktop\ncomputer, and includes any cable, cord, or wiring permanently affixed to\nor incorporated into such product, and may include both a computer\ncentral processing unit and a monitor; but such term shall not include\nan automated typewriter or typesetter, a portable hand-held calculator,\na portable digital assistant, server, or other similar device.\n 3. "Computer peripheral" means a monitor; electronic keyboard;\nelectronic mouse or similar pointing device; facsimile machine, document\nscanner, or printer intended for use with a computer; and includes any\ncable, cord, or wiring permanently affixed to or incorporated into any\nsuch product. Computer peripheral shall not include any document scanner\nor printer which weighs one hundred pounds or more.\n 4. "Consumer" means a person located in the state who owns or uses\ncovered electronic equipment, including but not limited to an\nindividual, a business, corporation, limited partnership, not-for-profit\ncorporation, the state, a public corporation, public school, school\ndistrict, private or parochial school or board of cooperative\neducational services or governmental entity, but does not include an\nentity involved in a wholesale transaction between a distributor and\nretailer.\n 5. "Covered electronic equipment" means: a computer; computer\nperipheral; small electronic equipment; small-scale server; cathode ray\ntube; or television, as defined in this section. "Covered electronic\nequipment" does not include any motor vehicle or any part thereof;\ncamera or video camera; portable or stationary radio; household\nappliances such as clothes washers, clothes dryers, refrigerators,\nfreezers, microwave ovens, ovens, ranges or dishwashers; equipment that\nis functionally or physically part of a larger piece of equipment\nintended for use in an industrial, research and development or\ncommercial setting; security or anti-terrorism equipment; monitoring and\ncontrol instrument or system; thermostat; hand-held transceiver;\ntelephone of any type; portable digital assistant or similar device;\ncalculator; global positioning system (GPS) receiver or similar\nnavigation device; a server other than a small-scale server; a cash\nregister or retail self checkout system; a stand-alone storage product\nintended for use in industrial, research and development or commercial\nsettings; commercial medical equipment that contains within it a cathode\nray tube, a flat panel display or similar video display device, and is\nnot separate from the larger piece of equipment; or other medical\ndevices as that term is defined under the Federal Food, Drug and\nCosmetic Act.\n 6. "Electronic waste" means covered electronic equipment that has been\ndiscarded or is no longer wanted by its owner, or for any other reason\nenters the waste collection, recovery, treatment, processing, or\nrecycling system. For purposes of section 27-2611 of this title,\n"electronic waste" does not include the case, shell, or other enclosure\nof covered electronic equipment from which incorporated assemblies,\nsub-assemblies, components, materials, wiring, circuitry and commodities\nhave been removed.\n 7. "Electronic waste collection site" means a facility at a fixed or\ntemporary site at which electronic waste is accepted from consumers and\ntemporarily stored for more than five days in a calendar year before\nsuch waste is transported to an electronic waste consolidation facility\nor electronic waste recycling facility. Electronic waste collection\nsites include, but are not limited to, dedicated sites and facilities\nfor the acceptance of electronic waste, and retail stores and outlets,\nmunicipal or private electronic waste collection sites and\nnot-for-profit donation sites that have agreed to accept electronic\nwaste.\n 8. "Electronic waste consolidation facility" means a facility that\nreceives and stores electronic waste for the purpose of organizing,\ncategorizing or consolidating items of electronic waste before such\nwaste is transported to an electronic waste recycling facility.\nElectronic waste consolidation facilities include, but are not limited\nto, facilities of brokers acting as intermediaries between electronic\nwaste buyers and sellers, and regional centers at which electronic waste\nis organized, categorized or consolidated after being transported to\nsuch centers from electronic waste collection sites or other electronic\nwaste consolidation facilities.\n 9. "Electronic waste recycling facility" means a facility at which\nelectronic waste is recycled.\n 10. "Label" means a marker on the surface of covered electronic\nequipment conveying information; for the purposes of this title, labels\nmust be permanent and can be attached, printed, engraved or incorporated\nin any other permanent way that is obvious and visible to users of the\nproduct.\n 11. "Manufacturer" means a person who: (a) assembles or substantially\nassembles covered electronic equipment for sale in the state; (b)\nmanufactures covered electronic equipment under its own brand name or\nunder any other brand name for sale in the state; (c) sells, under its\nown brand name, covered electronic equipment sold in the state; (d) owns\na brand name that it licenses to another person for use on covered\nelectronic equipment sold in the state; (e) imports covered electronic\nequipment for sale in the state; or (f) manufactures covered electronic\nequipment for sale in the state without affixing a brand name.\n"Manufacturer" does not mean a person who assembles or substantially\nassembles, and sells less than one thousand units of covered electronic\nequipment annually in this state, or whose primary business is the sale\nof covered electronic equipment which is comprised primarily of rebuilt,\nrefurbished or used components. If more than one person is a\nmanufacturer of a brand of covered electronic equipment, any such person\nmay assume responsibility for obligations of a manufacturer of that\nbrand under this title. If none of those persons assumes responsibility\nfor the obligations of a manufacturer under this title, any and all such\npersons jointly and severally may be considered to be the responsible\nmanufacturer of that brand for purposes of this title.\n 12. "Manufacturer's brands" means a manufacturer's name, brand name or\nbrand label, and all manufacturer's names, brand names and brand labels\nfor which the manufacturer has a legal right or interest, including\nthose names, brand names, and brand labels of companies that have been\nacquired by the manufacturer or in which the manufacturer asserts a\nlegal interest such as trademark, license, service mark, or patent.\n 13. "Monitor" means a separate visual display component of a computer,\nwhether sold separately or together with a computer central processing\nunit, and includes a cathode ray tube, liquid crystal display, gas\nplasma, digital light processing or other image projection technology,\ngreater than four inches when measured diagonally, and its case,\ninterior wires and circuitry, and any cable cord or wiring permanently\naffixed thereto or incorporated into such product.\n 14. "Person" means any individual, business entity, partnership,\ncompany, corporation, not-for-profit corporation, association,\ngovernmental entity, public benefit corporation, public authority, firm,\norganization, or any other group of individuals, or any officer or\nemployee or agent thereof.\n 15. "Recycle" means to separate, dismantle or process the materials,\ncomponents or commodities contained in electronic waste for the purpose\nof preparing the materials, components or commodities for use or reuse\nin new products or components thereof, but not for energy recovery or\nenergy generation by means of combustion, gasification, pyrolysis or\nother means. Recycling includes the manual and mechanical separation of\nelectronic waste to recover materials, components or commodities\ncontained therein for the purpose of reuse or recycling, and changing\nthe physical or chemical composition of electronic waste to segregate\ncomponents for purposes of recycling those components.\n 16. "Retailer" means a person who sells covered electronic equipment\nto a person in the state through any means, including, but not limited\nto, transactions conducted through retail sales outlets, mail, catalogs,\nthe telephone or the internet, or any electronic means. "Retailer" does\nnot include a person who sells or offers for sale fewer than ten items\nof covered electronic equipment during a calendar year.\n 17. "Reuse" means the use of electronic waste that is tested and\ncertified to be in good working order and which was removed from the\nwaste stream for use for the same purpose for which it was manufactured,\nincluding the continued use of whole systems or components.\n 18. "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 includes transfer of new products or used\nproducts that may have been refurbished by their manufacturer or\nmanufacturer-approved party and that are offered for sale by a\nmanufacturer or retailer, but does not include consumer-to-consumer\nsecond-hand transfer. "Sell or sale" does not include: (a) the transfer\nof used covered electronic equipment or a lease of covered electronic\nequipment; or (b) wholesale transactions among a manufacturer,\nwholesaler and retailer.\n 19. "Small electronic equipment" means any portable digital music\nplayer that has memory capability and is battery-powered, video cassette\nrecorder, a digital video disc player, digital video recorder, digital\nconverter box, cable or satellite receiver, or electronic or video game\nconsole, and includes any cable, cord, or wiring permanently affixed to\nor incorporated into any such product.\n 20. "Small-scale server" means a computer that typically uses desktop\ncomponents in a desktop form factor, but is designed primarily to be a\nstorage host for other computers. To be considered a small-scale server,\na computer must have the following characteristics: designed in a\npedestal, tower, or other form factor similar to those of desktop\ncomputers such that all data processing, storage, and network\ninterfacing is contained within one box or product; intended to be\noperational twenty-four hours per day and seven days a week, and\nunscheduled downtime is extremely low, such as on the order of hours per\nyear; is capable of operating in a simultaneous multi-user environment\nserving several users through networked client units; and designed for\nan industry accepted operating system for home or low-end server\napplications.\n 21. "Television" means a display system containing a cathode ray tube\nor any other type of display primarily intended to receive video\nprogramming via broadcast, cable or satellite transmission, having a\nviewable area greater than four inches when measured diagonally.\n