§ 27-3301 — Definitions

§ 27-3301. Definitions.\n For the purposes of this title, the following terms shall have the\nfollowing meanings:\n 1. "Brand" means a name, symbol, word, or mark that attributes the\nproduct to the owner or licensee of the brand as the producer.\n 2. "Carpet" means a manufactured article that is (a) used by a\nconsumer, (b) affixed or placed on the floor or building walking surface\nas a decorative or functional building interior or exterior feature, and\n(c) primarily constructed of a top surface of synthetic or natural face\nfibers or yarns or tufts attached to a backing system made of synthetic\nor natural materials. "Carpet" includes, but is not limited to, a\ncommercial or residential broadloom carpet, modular carpet tiles,\nartificial turf, a pad or underlayment used in conjunction with a\ncarpet. "Carpet" does not include handmade rugs, area rugs, or mats.\n 3. "Closed loop recycling" means recycling in which materials that are\nreclaimed are returned to the original process or processes in which\nthey were generated and they are reused in the production process.\n 3-a. "Carpet collection program" or "program" means a program financed\nand implemented by producers, either individually, or through a\nrepresentative organization, that provides for, but is not limited to,\nthe collection, transportation, reuse, recycling, proper end-of-life\nmanagement, or an appropriate combination thereof, of discarded carpet.\n 4. "Collection site" means a permanent location in the state at which\ndiscarded carpet may be returned by a consumer. Collection sites shall\naccept all types of carpet as defined by this title regardless of brand.\n 5. "Consumer" means a person located in the state who purchases, owns,\nleases, or uses carpet, including but not limited to an individual, a\nbusiness, corporation, limited partnership, not-for-profit corporation,\nthe state, a public corporation, public school, school district, private\nor parochial school, or board of cooperative educational services or\ngovernmental entity.\n 6. "Discarded carpet" means carpet that a consumer has used and\ndisposed of in the state and is no longer used for its manufactured\npurpose.\n 7. "Energy recovery" means the process by which all or a portion of\nsolid waste materials are processed or combusted in order to utilize the\nheat content or other forms of energy derived from such solid waste\nmaterials.\n 8. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS\nsubstances" means a class of fluorinated organic chemicals containing at\nleast one fully fluorinated carbon atom.\n 9. "Producer" means any person who manufactures carpet that is sold,\noffered for sale, or distributed in the state under the manufacturer's\nown name or brand. "Producer" includes:\n (a) the owner of a trademark or brand under which carpet is sold,\noffered for sale, or distributed in this state, whether or not such\ntrademark or brand is registered in the state; and\n (b) any person who imports a carpet into the United States that is\nsold or offered for sale in the state and that is manufactured by a\nperson who does not have a presence in the United States.\n 10. "Recycling" means to separate, dismantle or process the materials,\ncomponents or commodities contained in discarded carpet for the purpose\nof preparing the materials, components, or commodities for use or reuse\nin new products or components. "Recycling" does not include: (a) energy\nrecovery or energy generation by any means, including but not limited\nto, combustion, incineration, pyrolysis, gasification, solvolysis, waste\nto fuel or any chemical conversion process; or (b) landfill disposal of\ndiscarded carpet or discarded product component materials.\n 11. "Recycling rate" means the percentage of discarded carpet that is\nmanaged through recycling or reuse, as defined by this title, and is\ncomputed by dividing the amount of recycled output derived from\ncollected carpet, plus any pounds sent for reuse by the estimated total\namount of discarded carpet generated during a program year.\n 12. "Representative organization" means a not-for-profit organization\nestablished by a producer or group of producers to implement the carpet\ncollection program.\n 13. "Retailer" means any person who sells or offers for sale carpet to\na consumer in the state.\n 14. "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 15. "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