§ 23-24.9-3. Definitions.
For the purpose of this chapter:
(1) "Component� means a mercury-added product that is incorporated into another product
to form a fabricated mercury-added product, including, but not limited to, electrical
switches and lamps.
(2) "Contractor� means a person engaged in the business of installation, service, or removal
of heating, ventilation, and air-conditioning components.
(3) "Corporation� means the Rhode Island resource recovery corporation created and established
pursuant to chapter 19 of title 23.
(4) "Covered entity� means any person who presents to a collection facility that is included
in an approved plan:
(i) Any number of compact fluorescent mercury-containing lamps; or
(ii) Ten (10) or fewer mercury-containing lamps that are not compact fluorescent lamps
and are not from a large-use application.
(5) "Department� means the department of environmental management.
(6) "Director� means the director of the department of environmental management or any
subordinate or subordinates to whom the director has delegated the powers and duties
vested in him or her by this chapter.
(7) "Fabricated mercury-added product� means a product that consists of a combination
of individual components that combine to make a single unit, including, but not limited
to, mercury-added measuring devices, lamps, and switches to which mercury, or a mercury
compound, is intentionally added in order to provide a specific characteristic, appearance,
or quality, or to perform a specific function, or for any other reason.
(8) "Formulated mercury-added product� means a product that includes, but is not limited
to, laboratory chemicals, cleaning products, cosmetics, pharmaceuticals, and coating
materials that are sold as a consistent mixture of chemicals to which mercury, or
a mercury compound, is intentionally added in order to provide a specific characteristic,
appearance, or quality, or to perform a specific function, or for any other reason.
(9) "Healthcare facility� means any hospital, nursing home, extended-care facility, long-term
care facility, clinical or medical laboratory, state or private health or mental institution,
clinic, physician's office, or health maintenance organization.
(10) "Local government collections� means collections completed by household hazardous-waste
facilities, solid-waste management agencies, environmental management agencies, or
the department of health.
(11) "Manufacturer� means any person, firm, association, partnership, corporation, governmental
entity, organization, combination, or joint venture that produces a mercury-added
product or an importer or domestic distributor of a mercury-added product produced
in a foreign country. In the case of a multi-component mercury-added product, the
manufacturer is the last manufacturer to produce or assemble the product. If the multi-component
product is produced in a foreign country, the manufacturer is the importer or domestic
distributor. In the case of mercury-containing thermostats, the manufacturer is the
original equipment manufacturer who or that sells or sold a mercury-containing thermostat
under a brand or label the manufacturer owns, or is or was licensed to use a mercury-containing
thermostat produced by other suppliers.
(12) In the case of mercury-containing lamps, the manufacturer is a person or entity who
or that:
(i) Manufactures or manufactured a mercury-containing lamp under his, her, or its own
brand or label for sale in the state;
(ii) Sells in the state under its own brand or label a mercury-containing lamp produced
by another supplier;
(iii) Owns a brand that he, she or it licenses, or licensed to another person or entity
for use on a mercury-containing lamp sold in the state;
(iv) Imports into the United States for sale in the state a mercury-containing lamp manufactured
by a person or entity without a presence in the United States;
(v) Manufactures a mercury-containing lamp for sale in the state without affixing a brand
name; or
(vi) Assumes the responsibilities, obligation, and liabilities of a manufacturer as defined
under paragraphs (i) through (v) of this subsection.
(13) "Mercury-added button cell battery� means a button cell battery to which the manufacturer
intentionally introduces mercury for the operation of the battery.
(14) "Mercury-added novelty� means a mercury-added product intended mainly for personal
or household enjoyment or adornment. Mercury-added novelties include, but are not
limited to, items intended for use as figurines, adornments, toys, games, cards, ornaments,
yard statues and figures, candles, jewelry, holiday decorations, items of apparel
(including footwear), or similar products.
(15) "Mercury-added product� means a product, commodity, chemical, or a product with a
component that contains mercury or a mercury compound intentionally added to the product,
commodity, chemical, or component in order to provide a specific characteristic, appearance,
or quality, or to perform a specific function or for any other reason. These products
include formulated mercury-added products and fabricated mercury-added products.
(16) "Mercury-containing lamp� means a general-purpose lamp to which mercury is intentionally
added during the manufacturing process. "Mercury-containing lamp� does not mean a
lamp used for medical, disinfection, treatment, or industrial purposes.
(17) "Mercury-containing thermostat� means a product or device that uses a mercury switch
to sense and control room temperature through communication with heating, ventilating,
or air-conditioning equipment. "Mercury-containing thermostat� includes thermostats
used to sense and control room temperature in residential, commercial, industrial,
and other buildings, but does not include a thermostat used to sense and control temperature
as part of a manufacturing process.
(18) "Mercury fever thermometer� means a mercury-added product that is used for measuring
body temperature.
(19) "Person� means an individual, trust, firm, joint stock company, corporation (including
a government corporation), partnership, association, the federal government or any
agency or subdivision thereof, a state, municipality, commission, political subdivision
of a state, or any interstate body.
(20) "Qualified contractor� means a person or entity engaged in the business of installation,
service, or removal of heating, ventilation, and air-conditioning components who or
that employs seven (7) or more service technicians or installers or who or that is
located in an area outside of an urban area, as defined by the United States bureau
of the census.
(21) "Thermostat retailer� means a person or entity who or that sells thermostats of any
kind directly to homeowners or other nonprofessionals through any selling or distribution
mechanism, including, but not limited to, sales using the internet or catalogues.
A retailer may also be a wholesaler if it meets the definition of wholesaler.
(22) "Thermostat wholesaler� means a person or entity who or that is engaged in the distribution
and wholesale sale of thermostats and other heating, ventilation, and air-conditioning
components to contractors who install heating, ventilation, and air-conditioning components.