N.Y. Environmental Conservation Law § 27-2601: Definitions

§ 27-2601. Definitions.

As used in this title:

1. "Cathode ray tube" means a vacuum tube or picture tube used to

convert an electronic signal into a visual image.

2. "Computer" means an electronic, magnetic, optical, electrochemical

or other high-speed data processing device performing a logical,

arithmetic or storage function, including a laptop computer and desktop

computer, and includes any cable, cord, or wiring permanently affixed to

or incorporated into such product, and may include both a computer

central processing unit and a monitor; but such term shall not include

an automated typewriter or typesetter, a portable hand-held calculator,

a portable digital assistant, server, or other similar device.

3. "Computer peripheral" means a monitor; electronic keyboard;

electronic mouse or similar pointing device; facsimile machine, document

scanner, or printer intended for use with a computer; and includes any

cable, cord, or wiring permanently affixed to or incorporated into any

such product. Computer peripheral shall not include any document scanner

or printer which weighs one hundred pounds or more.

4. "Consumer" means a person located in the state who owns or uses

covered electronic equipment, including but not limited to an

individual, a business, corporation, limited partnership, not-for-profit

corporation, the state, a public corporation, public school, school

district, private or parochial school or board of cooperative

educational services or governmental entity, but does not include an

entity involved in a wholesale transaction between a distributor and

retailer.

5. "Covered electronic equipment" means: a computer; computer

peripheral; small electronic equipment; small-scale server; cathode ray

tube; or television, as defined in this section. "Covered electronic

equipment" does not include any motor vehicle or any part thereof;

camera or video camera; portable or stationary radio; household

appliances such as clothes washers, clothes dryers, refrigerators,

freezers, microwave ovens, ovens, ranges or dishwashers; equipment that

is functionally or physically part of a larger piece of equipment

intended for use in an industrial, research and development or

commercial setting; security or anti-terrorism equipment; monitoring and

control instrument or system; thermostat; hand-held transceiver;

telephone of any type; portable digital assistant or similar device;

calculator; global positioning system (GPS) receiver or similar

navigation device; a server other than a small-scale server; a cash

register or retail self checkout system; a stand-alone storage product

intended for use in industrial, research and development or commercial

settings; commercial medical equipment that contains within it a cathode

ray tube, a flat panel display or similar video display device, and is

not separate from the larger piece of equipment; or other medical

devices as that term is defined under the Federal Food, Drug and

Cosmetic Act.

6. "Electronic waste" means covered electronic equipment that has been

discarded or is no longer wanted by its owner, or for any other reason

enters the waste collection, recovery, treatment, processing, or

recycling system. For purposes of section 27-2611 of this title,

"electronic waste" does not include the case, shell, or other enclosure

of covered electronic equipment from which incorporated assemblies,

sub-assemblies, components, materials, wiring, circuitry and commodities

have been removed.

7. "Electronic waste collection site" means a facility at a fixed or

temporary site at which electronic waste is accepted from consumers and

temporarily stored for more than five days in a calendar year before

such waste is transported to an electronic waste consolidation facility

or electronic waste recycling facility. Electronic waste collection

sites include, but are not limited to, dedicated sites and facilities

for the acceptance of electronic waste, and retail stores and outlets,

municipal or private electronic waste collection sites and

not-for-profit donation sites that have agreed to accept electronic

waste.

8. "Electronic waste consolidation facility" means a facility that

receives and stores electronic waste for the purpose of organizing,

categorizing or consolidating items of electronic waste before such

waste is transported to an electronic waste recycling facility.

Electronic waste consolidation facilities include, but are not limited

to, facilities of brokers acting as intermediaries between electronic

waste buyers and sellers, and regional centers at which electronic waste

is organized, categorized or consolidated after being transported to

such centers from electronic waste collection sites or other electronic

waste consolidation facilities.

9. "Electronic waste recycling facility" means a facility at which

electronic waste is recycled.

10. "Label" means a marker on the surface of covered electronic

equipment conveying information; for the purposes of this title, labels

must be permanent and can be attached, printed, engraved or incorporated

in any other permanent way that is obvious and visible to users of the

product.

11. "Manufacturer" means a person who: (a) assembles or substantially

assembles covered electronic equipment for sale in the state; (b)

manufactures covered electronic equipment under its own brand name or

under any other brand name for sale in the state; (c) sells, under its

own brand name, covered electronic equipment sold in the state; (d) owns

a brand name that it licenses to another person for use on covered

electronic equipment sold in the state; (e) imports covered electronic

equipment for sale in the state; or (f) manufactures covered electronic

equipment for sale in the state without affixing a brand name.

"Manufacturer" does not mean a person who assembles or substantially

assembles, and sells less than one thousand units of covered electronic

equipment annually in this state, or whose primary business is the sale

of covered electronic equipment which is comprised primarily of rebuilt,

refurbished or used components. If more than one person is a

manufacturer of a brand of covered electronic equipment, any such person

may assume responsibility for obligations of a manufacturer of that

brand under this title. If none of those persons assumes responsibility

for the obligations of a manufacturer under this title, any and all such

persons jointly and severally may be considered to be the responsible

manufacturer of that brand for purposes of this title.

12. "Manufacturer's brands" means a manufacturer's name, brand name or

brand label, and all manufacturer's names, brand names and brand labels

for which the manufacturer has a legal right or interest, including

those names, brand names, and brand labels of companies that have been

acquired by the manufacturer or in which the manufacturer asserts a

legal interest such as trademark, license, service mark, or patent.

13. "Monitor" means a separate visual display component of a computer,

whether sold separately or together with a computer central processing

unit, and includes a cathode ray tube, liquid crystal display, gas

plasma, digital light processing or other image projection technology,

greater than four inches when measured diagonally, and its case,

interior wires and circuitry, and any cable cord or wiring permanently

affixed thereto or incorporated into such product.

14. "Person" means any individual, business entity, partnership,

company, corporation, not-for-profit corporation, association,

governmental entity, public benefit corporation, public authority, firm,

organization, or any other group of individuals, or any officer or

employee or agent thereof.

15. "Recycle" means to separate, dismantle or process the materials,

components or commodities contained in electronic waste for the purpose

of preparing the materials, components or commodities for use or reuse

in new products or components thereof, but not for energy recovery or

energy generation by means of combustion, gasification, pyrolysis or

other means. Recycling includes the manual and mechanical separation of

electronic waste to recover materials, components or commodities

contained therein for the purpose of reuse or recycling, and changing

the physical or chemical composition of electronic waste to segregate

components for purposes of recycling those components.

16. "Retailer" means a person who sells covered electronic equipment

to a person in the state through any means, including, but not limited

to, transactions conducted through retail sales outlets, mail, catalogs,

the telephone or the internet, or any electronic means. "Retailer" does

not include a person who sells or offers for sale fewer than ten items

of covered electronic equipment during a calendar year.

17. "Reuse" means the use of electronic waste that is tested and

certified to be in good working order and which was removed from the

waste stream for use for the same purpose for which it was manufactured,

including the continued use of whole systems or components.

18. "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 includes transfer of new products or used

products that may have been refurbished by their manufacturer or

manufacturer-approved party and that are offered for sale by a

manufacturer or retailer, but does not include consumer-to-consumer

second-hand transfer. "Sell or sale" does not include: (a) the transfer

of used covered electronic equipment or a lease of covered electronic

equipment; or (b) wholesale transactions among a manufacturer,

wholesaler and retailer.

19. "Small electronic equipment" means any portable digital music

player that has memory capability and is battery-powered, video cassette

recorder, a digital video disc player, digital video recorder, digital

converter box, cable or satellite receiver, or electronic or video game

console, and includes any cable, cord, or wiring permanently affixed to

or incorporated into any such product.

20. "Small-scale server" means a computer that typically uses desktop

components in a desktop form factor, but is designed primarily to be a

storage host for other computers. To be considered a small-scale server,

a computer must have the following characteristics: designed in a

pedestal, tower, or other form factor similar to those of desktop

computers such that all data processing, storage, and network

interfacing is contained within one box or product; intended to be

operational twenty-four hours per day and seven days a week, and

unscheduled downtime is extremely low, such as on the order of hours per

year; is capable of operating in a simultaneous multi-user environment

serving several users through networked client units; and designed for

an industry accepted operating system for home or low-end server

applications.

21. "Television" means a display system containing a cathode ray tube

or any other type of display primarily intended to receive video

programming via broadcast, cable or satellite transmission, having a

viewable area greater than four inches when measured diagonally.