§ 23-24.12-2. Management of unused architectural paint — Definitions.
(1) "Architectural paint� means interior and exterior architectural coatings sold in containers
of five (5) gallons or less. Architectural paint does not include industrial, original
equipment or specialty coatings.
(2) "Department� means the department of environmental management.
(3) "Director� means the director of the department of environmental management.
(4) "Distributor� means a company that has a contractual relationship with one or more
producers to market and sell architectural paint to retailers in this state.
(5) "Environmentally sound management practices� means procedures for the collection,
storage, transportation, reuse, recycling and disposal of architectural paint, to
be implemented by the representative organization or such representative organization's
contracted partners to ensure compliance with all applicable federal, state and local
laws, regulations and ordinances and the protection of human health and the environment.
Environmentally sound management practices include, but are not limited to, record
keeping, the tracking and documenting of the use and disposition of post-consumer
paint in and outside of this state, and environmental liability coverage for professional
services and for the operations of the contractors working on behalf of the representative
organization.
(6) "Paint stewardship assessment� means the amount added to the purchase price of architectural
paint sold in this state that is necessary to cover the cost of collecting, transporting
and processing post-consumer paint by the representative organization pursuant to
the paint stewardship program.
(7) "Post-consumer paint� means architectural paint that is not used and that is no longer
wanted by a purchaser of architectural paint.
(8) "Producer� means a manufacturer of architectural paint who sells, offers for sale,
distributes or contracts to distribute architectural paint in this state.
(9) "Recycling� means any process by which discarded products, components and by-products
are transformed into new, usable or marketable materials in a manner in which the
original products may lose their identity.
(10) "Representative organization� means the nonprofit organization created by producers
to implement the paint stewardship program described in § 23-24.11-3.
(11) "Retailer� means any person who offers architectural paint for sale at retail in this
state.
(12) "Reuse� means the return of a product into the economic stream for use in the same
kind of application as the product was originally intended to be used, without a change
in the product's identity.
(13) "Sell� or "sale� means any transfer of title for consideration including, but not
limited to, remote sales conducted through sales outlets, catalogues, the Internet
or any other similar electronic means.