2023 Hawaii Revised Statutes › Title 19. Health › 339D. Electronic Waste and Television Recycling and Recovery Act › 339D-1 Definitions.

Note
Section 339D-1 designated as part I by L 2009, c 183, §3.
§339D-1 Definitions.
As used in this chapter:
"Brand" means a symbol, word, or mark that identifies an electronic device, rather than any of its components.
"Collector" means a person that accepts electronic devices for reuse or delivers the devices to a recycler for the purposes of this chapter.
"Department" means the department of health.
"Electronic device":
(1) Means:
(A) A computer, computer printer, computer monitor, or portable computer with a screen size greater than four inches measured diagonally; and
(B) Any device that is capable of receiving broadcast, cable, or satellite signals and displaying television or video programing, including any direct view or projection television with a viewable screen of nine inches or larger with display technology based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology; and
(2) Shall not include:
(A) An electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a motor vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(B) An electronic device that is functionally or physically required as a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment;
(C) An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier;
(D) A telephone of any type including a mobile telephone; or
(E) A global positioning system.
"Manufacturer":
(1) Means any person:
(A) Who manufactures or manufactured electronic devices under a brand that it owns or owned or is or was licensed to use, other than a license to manufacture electronic devices for delivery exclusively to or at the order of the licensor;
(B) Who sells or sold electronic devices manufactured by others under a brand that the seller owns or owned or is or was licensed to use, other than a license to manufacture electronic devices for delivery exclusively to or at the order of the licensor;
(C) Who manufactures or manufactured electronic devices without affixing a brand;
(D) Who manufactures or manufactured electronic devices to which it affixes or affixed a brand that it neither owns or owned nor is or was licensed to use; or
(E) For whose account electronic devices manufactured outside the United States are or were imported into the United States; provided that if at the time those electronic devices are or were imported into the United States and another person has registered as the manufacturer of the brand of the electronic devices, this subparagraph shall not apply; and
(2) Shall not include persons who sold fewer than one hundred electronic devices in the State during the previous calendar year.
"Person" means any individual, business, partnership, limited liability company, corporation, not-for-profit organization, association, government entity, public benefit corporation, or public authority.
"Recycler" means any person who engages in the recycling of electronic devices for the purposes of this chapter.
"Recycling" means processing, including disassembling, dismantling, or shredding, electronic devices or their components to recover a useable product.
"Retailer" means any person who offers electronic devices for sale, other than for resale by the purchaser, through any means, including sales outlets, catalogs, or the Internet.
"Reuse" means any operation by which an electronic device changes ownership and is used for the same purpose for which it was originally purchased.
"Sell" or "sale" means any transfer for consideration of title, including transactions conducted through sales outlets, catalogs, or the Internet, but excluding leases. [L Sp 2008, c 13, pt of §2 and §3(e); am L 2009, c 183, § §8, 16; am L 2022, c 151, §3]