NY Env Conserv L § 27-2601 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 26 - Electronic Equipment Recycling and Reuse 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.