2023 New York Laws › ENV - Environmental Conservation › Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste › Title 33 - Carpet Collection Program › 27-3301 - Definitions.

* § 27-3301. Definitions.
For  the  purposes  of  this title, the following terms shall have the
following meanings:
1. "Brand" means a name, symbol, word, or  mark  that  attributes  the
product to the owner or licensee of the brand as the producer.
2.  "Carpet"  means  a  manufactured  article  that  is  (a) used by a
consumer, (b) affixed or placed on the floor or building walking surface
as a decorative or functional building interior or exterior feature, and
(c) primarily constructed of a top surface of synthetic or natural  face
fibers  or yarns or tufts attached to a backing system made of synthetic
or natural materials. "Carpet"  includes,  but  is  not  limited  to,  a
commercial  or  residential  broadloom  carpet,  modular  carpet  tiles,
artificial turf, a pad  or  underlayment  used  in  conjunction  with  a
carpet. "Carpet" does not include handmade rugs, area rugs, or mats.
3. "Closed loop recycling" means recycling in which materials that are
reclaimed  are  returned  to  the original process or processes in which
they were generated and they are reused in the production process.
3-a. "Carpet collection program" or "program" means a program financed
and  implemented  by  producers,  either  individually,  or  through   a
representative  organization,  that provides for, but is not limited to,
the collection, transportation,  reuse,  recycling,  proper  end-of-life
management, or an appropriate combination thereof, of discarded carpet.
4.  "Collection site" means a permanent location in the state at which
discarded carpet may be returned by a consumer. Collection  sites  shall
accept all types of carpet as defined by this title regardless of brand.
5. "Consumer" means a person located in the state who purchases, owns,
leases,  or  uses  carpet, 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.
6. "Discarded carpet" means  carpet  that  a  consumer  has  used  and
disposed  of  in  the  state  and is no longer used for its manufactured
purpose.
7. "Energy recovery" means the process by which all or  a  portion  of
solid waste materials are processed or combusted in order to utilize the
heat  content  or  other  forms  of energy derived from such solid waste
materials.
8.  "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or   "PFAS
substances" means a class of fluorinated organic chemicals containing at
least one fully fluorinated carbon atom.
9.  "Producer"  means any person who manufactures carpet that is sold,
offered for sale, or distributed in the state under  the  manufacturer's
own name or brand. "Producer" includes:
(a)  the  owner  of  a  trademark or brand under which carpet is sold,
offered for sale, or distributed in this  state,  whether  or  not  such
trademark or brand is registered in the state; and
(b)  any  person  who  imports a carpet into the United States that is
sold or offered for sale in the state and  that  is  manufactured  by  a
person who does not have a presence in the United States.
10. "Recycling" means to separate, dismantle or process the materials,
components  or commodities contained in discarded carpet for the purpose
of preparing the materials, components, or commodities for use or  reuse
in  new products or components. "Recycling" does not include: (a) energy
recovery or energy generation by any means, including  but  not  limited
to, combustion, incineration, pyrolysis, gasification, solvolysis, waste
to  fuel or any chemical conversion process; or (b) landfill disposal of
discarded carpet or discarded product component materials.
11. "Recycling rate" means the percentage of discarded carpet that  is
managed  through  recycling  or  reuse, as defined by this title, and is
computed  by  dividing  the  amount  of  recycled  output  derived  from
collected  carpet, plus any pounds sent for reuse by the estimated total
amount of discarded carpet generated during a program year.
12.  "Representative organization" means a not-for-profit organization
established by a producer or group of producers to implement the  carpet
collection program.
13. "Retailer" means any person who sells or offers for sale carpet to
a consumer in the state.
14. "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.
15. "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.
* NB Effective December 28, 2024