N.Y. Environmental Conservation Law § 27-2001: Definitions

§ 27-2001. Definitions.

As used in this title, the following terms shall have the following

meanings:

1. "architectural paint" means interior and exterior architectural

coatings sold in containers of five gallons or less; provided, however,

that "architectural paint" shall not include industrial, original

equipment or specialty coatings.

2. "commissioner" means the commissioner of environmental

conservation.

3. "department" means the department of environmental conservation.

4. "environmentally sound management practices" means procedures for

the collection, storage, transportation, reuse, recycling and disposal

of architectural paint, to be implemented by the producer or

representative organization or by the producers or representative

organization's contracted partners to ensure compliance with all

applicable federal, state and local laws and any regulations and

ordinances for the protection of human health and the environment and

these procedures shall address adequate record keeping, tracking and

documenting of the final disposition of materials.

5. "postconsumer paint" means architectural paint not used and no

longer wanted by a consumer.

6. "producer" means a manufacturer of architectural paint who sells,

offers for sale or distributes the architectural paint in the state.

7. "program" means the postconsumer paint collection program

established pursuant to section 27-2003 of this title.

8. "recycling" means a 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. This

term excludes thermal treatment or the use of postconsumer paint as a

fuel substitute or for energy production.

9. "representative organization" means a not-for-profit organization

established by producers to implement the postconsumer paint collection

program.

10. "retailer" means a person that offers architectural paint for sale

at retail in the state.

11. "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.

12. "Sell" or "sale" means any transfer for consideration of title or

the right to use, from a manufacturer or retailer to a person,

including, but not limited to, transactions conducted through retail

sales outlets, catalogs, mail, the telephone, the internet, or any

electronic means; this does not include samples, donations, and reuse.