2023 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.