NY Env Conserv L § 27-2101 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 21 - Mercury-Added Consumer Products 27-2101 - Definitions.

§ 27-2101. Definitions.   As used in this title:   1.  "Hazardous  waste management facility" shall have the same meaning as "commercial hazardous waste facilities" as defined in section 27-0901 of this article.   2. "Collector" means any person  who  accepts  mercury-added  consumer products in order to transfer them to a solid waste management facility, a hazardous waste management facility or another collector.   3.  "Consumer" means any person who purchases a mercury-added consumer product for use other than resale.   4. "Dispose" or "disposal" means the abandonment, discharge,  deposit, injection,  dumping,  spilling,  leaking  or placing of any substance so that such substance or any related constituent  thereof  may  enter  the environment.  Disposal  also  means  the thermal destruction of waste or hazardous waste and the burning of such wastes as fuel for  the  purpose of recovering useable energy.   5.  "Distributor"  means  any  person who sells mercury-added consumer products to a retailer in this state,  including  any  manufacturer  who sells to retailers in the state.   6.  "Manufacturer"  means  any  person  who manufactures mercury-added consumer products.   7. "Mercury-added consumer product" means any device or material  into which  elemental  mercury  or  mercury compounds are intentionally added during such device's or material's formulation or  manufacture,  and  in which  the  continued  presence  of  mercury  is  required  to provide a specific characteristic, appearance or quality, or to perform a specific function.  Such  term   shall   include,   but   not   be   limited   to mercury-containing:  (a) thermostats;  (b) thermometers;  (c) switches, whether individually or as part of another product;  (d) medical or scientific instruments;  (e) electrical relays and other electrical devices;  (f) lamps; and  (g) batteries sold to consumers, not including button batteries.   8.  "Mercury-added  novelty  consumer  product"  means a mercury-added consumer product intended mainly for personal or household enjoyment  or adornment.  Mercury-added novelty consumer products include, but are not limited to, items  intended  for  use  as  practical  jokes,  figurines, adornments,  toys,  games,  cards,  ornaments, yard statues and figures, candles, jewelry,  holiday  decorations,  items  of  apparel  (including footwear), or similar products. A product is not a mercury-added novelty consumer  product  solely  on  the  basis that it is a game with a light screen display containing  mercury,  or  includes  a  removable  battery containing mercury.   9.  "Mercury  fever thermometer" or "mercury body thermometer" means a mercury-added  consumer  product  that  is  used  for   measuring   body temperature.  A product is not a "mercury fever thermometer" or "mercury body thermometer" solely on the  basis  that  it  includes  a  removable battery containing mercury.   10.  "Solid  waste" means solid waste as defined in section 27-0701 of this article.   11.  "Retailer"  means  any  person  in  this  state  who  sells   new mercury-added  consumer  products  to  consumers for purposes other than resale.   12. "Solid waste management facility" means a solid  waste  management facility as defined in section 27-0701 of this article.    13. "Elemental mercury" means the material represented by the chemical symbol  Hg. Elemental Hg is a silvery-white liquid (at room temperature) with an atomic number of 80 and an atomic mass of 200.59.   14.  "Mercury  barometer"  means a mercury-added consumer product used for measuring atmospheric pressure.   15. "Mercury esophageal dilator" or  "mercury  bougie  tube"  means  a mercury-added consumer product in the form of a long, flexible tube that is passed down a patient's esophagus to dilate a narrowed area.   16.  "Mercury  flow meter" means a mercury-added consumer product used for measuring the flow or quantity of a moving fluid or gas.   17. "Mercury hydrometer" means a mercury-added consumer  product  used for measuring the specific gravity of a liquid.   18.   "Mercury   hygrometer"   or   "mercury   psychrometer"  means  a mercury-added consumer  product  used  for  measuring  the  water  vapor content of air.   19.  "Mercury  gastrointestinal  tube"  means a mercury-added consumer product  in  the  form  of  a  tube  used  for   addressing   intestinal obstructions.   20.  "Mercury  manometer"  means a mercury-added consumer product used for measuring the pressure of liquids and gases.   21. "Mercury pyrometer" means a mercury-added  consumer  product  used for measuring the temperature of extremely hot materials.   22.  "Mercury sphygmomanometer" means a mercury-added consumer product used for measuring blood pressure in the arteries.   23. "Mercury thermometer" means a mercury-added consumer product  used for measuring temperature.   24.  "Mercury  thermostat" means a mercury-added consumer product that uses a mercury switch to sense  and  control  room  temperature  through communication  with  heating, ventilating or air conditioning equipment. Such  term  includes  thermostats  used  to  sense  and   control   room temperature  in residential, commercial, industrial and other buildings, but does not include a thermostat used to control temperature as part of a manufacturing process.   25. "Mercury relay" means a mercury-added consumer product  or  device that  opens  or  closes  electrical  contacts to affect the operation of other devices in the same  or  another  electrical  circuit.  Such  term includes  mercury  displacement  relays  and  mercury contact relays but shall not include mercury wetted reed relays.   26. "Mercury switch" means a mercury-added consumer product or  device that  opens  or  closes  an  electrical  circuit or gas valve. Such term includes mercury float switches actuated by  rising  or  falling  liquid levels,  mercury  tilt  switches  actuated  by  a  change  in the switch position, mercury pressure switches actuated by a  change  in  pressure, and mercury temperature switches actuated by a change in temperature but shall not include mercury flame sensors. Mercury switch does not include a mercury thermostat.   27. "Household" means a single or multiple family residence.   28.  "Manufacturer"  means any person, firm, association, partnership, limited   liability   company,   corporation,    governmental    entity, organization,  combination  or joint venture which is the last entity to produce or assemble a new  motor  vehicle  that  utilizes  mercury-added components or, in the case of an imported motor vehicle, the importer or domestic distributor of such vehicle.   29.  "Mercury-added  component"  means  a motor vehicle component that contains  greater  than  fifteen  milligrams  of  mercury,   which   was intentionally  added  to  such  vehicle  in  order to provide a specific characteristic, appearance or quality, to perform a  specific  function,  or  for  any  other  purpose.  Such components shall include, but not be limited to, switches, sensors, lights and navigational systems.   30.  "Mercury-added  lamp"  means an electric lamp to which mercury or mercury compounds  are  intentionally  added  during  the  manufacturing process,  including,  but  not  limited  to,  compact fluorescent lamps, fluorescent lamps and tubular fluorescent  lamps  with  normal  or  long lifetime.   31. "Producer of mercury-added lamps" means any person who:  (a) manufactures and sells mercury-added lamps under its own brand;  (b) resells under its own brand equipment produced by other suppliers, a  reseller not being regarded as the producer of mercury-added lamps if the brand  of  the  producer  of  mercury-added  lamps  appears  on  the equipment, as provided for in paragraph (a) of this subdivision; or  (c)  serves as the importer or domestic distributor of a mercury-added lamp if the brand name owner is located outside of the United States.   32. "General purpose lights"  means  lamps,  bulbs,  tubes,  or  other electric   devices  that  provide  functional  illumination  for  indoor residential, indoor commercial, and outdoor use. General purpose  lights shall not include special purpose lights.   33.  "Special  purpose lights" means the following specialty lighting: appliance, black light, germicidal,  colored,  plant  light,  reflector, reprographic,  shatter-resistant,  cold  temperature,  sign service, and preheat.   34. "Long lifetime" means more than twenty-four  thousand  hours  when tested on a T8 instant start ballast, a T12 rapid start ballast, or a T5 programmed  start  ballast,  and  turned  on  and  off every three hours ("three hour starts").