§7581. Definitions

Link to law: http://legislature.vermont.gov/statutes/section/10/168/07581
Published: 2015

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Title

10

:
Conservation and Development






Chapter

168

:
PRODUCT STEWARDSHIP FOR PRIMARY BATTERIES AND RECHARGEABLE BATTERIES






Subchapter

001
:
DEFINITIONS










 

§

7581. Definitions

As used in this

chapter:

(1)

"Agency" means the Agency of Natural Resources.

(2)

"Brand" means a name, symbol, word, or traceable mark that identifies

a primary battery and attributes the primary battery to the owner or licensee

of the brand as the producer.

(3)

"Calendar year" means the period commencing January 1 and ending

December 31 of the same year.

(4)

"Collection rate" means a percentage by weight that each producer or

primary battery stewardship organization collects by an established date. The

collection rate shall be calculated by dividing the total weight of the primary

batteries that are collected during a calendar year by the average annual

weight of primary batteries that were estimated to have been sold in the State

by participating producers during the previous three calendar years. Estimates

of primary batteries sold in the State may be based on a reasonable pro rata

calculation based on national sales.

(5)

"Consumer" means any person who presents or delivers any number of

primary batteries to a collection facility that is included in an approved

primary battery stewardship plan.

(6)

"Consumer product" means any product that is regularly used or

purchased to be used for personal, family, or household purposes.

"Consumer product" shall not mean a product primarily used or

purchased for industrial or business use.

(7)

"Discarded primary battery" means a primary battery that is no longer

used for its manufactured purpose.

(8) "Easily

removable" means readily detachable by a person without the use of tools

or with the use of common household tools.

(9)

"Participate" means to appoint a primary battery stewardship

organization or rechargeable battery stewardship organization to operate on

behalf of oneself and to have that appointment accepted by the stewardship

organization.

(10)

"Primary battery" means a nonrechargeable battery weighing two

kilograms or less, including alkaline, carbon-zinc, and lithium metal

batteries. "Primary battery" shall not mean:

(A) A battery

intended for industrial, business-to-business, warranty or maintenance

services, or nonpersonal use;

(B) a battery

that is sold in a computer, computer monitor, computer peripheral, printer,

television, or device containing a cathode ray tube;

(C) a battery

that is not easily removable or is not intended to be removed from a consumer

product; and

(D) a battery

that is sold or used in a medical device, as that term is defined in the

Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321(h), as may be amended.

(11)

"Primary battery producer" or "producer" means one of the

following with regard to a primary battery that is sold or offered for sale in

the State:

(A) a person who

manufactures a primary battery and who sells or offers for sale that primary

battery in the State under the person's own name or brand;

(B) if

subdivision (A) of this subdivision (11) does not apply, a person who owns or

licenses a trademark or brand under which a primary battery is sold or offered

for sale whether or not the trademark is registered; or

(C) if

subdivisions (A) and (B) of this subdivision (11) do not apply, a person who

imports a primary battery into the State for sale.

(12)

"Primary battery stewardship organization" means an organization

appointed by one or more producers to act as an agent on behalf of a producer

or producers to design, submit, implement, and administer a primary battery

stewardship plan under this chapter.

(13)

"Primary battery stewardship plan" or "plan" means a plan

submitted to the Secretary pursuant to section 7584 of this title by an

individual producer or a primary battery stewardship organization.

(14)

"Program" or "stewardship program" means the system for the

collection, transportation, recycling, and disposal of primary batteries implemented

pursuant to an approved primary battery stewardship plan.

(15)(A)

"Rechargeable battery" means:

(i) one or more

voltaic or galvanic cells, electrically connected to produce electric energy

and designed to be recharged and weighing less than 11 pounds; or

(ii) a battery

pack designed to be recharged that weighs less than 11 pounds and that is

designed to provide less than 40 volts direct current.

(B)

"Rechargeable battery" shall not mean:

(i) a battery

that is not easily removable or is not intended or designed to be removed from

the covered product, other than by the manufacturer;

(ii) a battery

that contains electrolyte as a free liquid;

(iii) a battery

or battery pack that employs lead-acid technology, unless the battery or

battery pack:

(I) is sealed;

(II) contains no

liquid electrolyte; and

(III) is

intended by its manufacturer to power a handheld device or to provide

uninterrupted backup electrical power protection for stationary consumer

products or stationary office equipment; or

(iv) a battery

intended for industrial, business-to-business, warranty or maintenance

services, or nonpersonal use.

(16)

"Rechargeable battery steward" means a person who:

(A) manufactures

a rechargeable battery or a rechargeable product that is sold, offered for sale,

or distributed in the State under its own brand name;

(B) owns or

licenses a trademark or brand under which a rechargeable battery or

rechargeable product is sold, offered for sale, or distributed in the State,

whether or not the trademark is registered; or

(C) if

subdivisions (A) and (B) of this subdivision (16) do not apply, imports a

rechargeable battery or rechargeable product into the State for sale or

distribution.

(17)

"Rechargeable battery stewardship organization" means an entity

registered by the Secretary pursuant to section 7588 of this title that is

either a single rechargeable battery steward operating on its own behalf; an

organization appointed by one or more rechargeable battery stewards to operate

a plan in which each steward is participating; or a retailer or franchisor of

retailers operating a plan on behalf of itself or its franchisees.

(18)

"Rechargeable product" means a consumer product that contains or is

packaged with a rechargeable battery at the time the product is sold, offered

for sale, or distributed in the State. "Rechargeable product" shall

not mean:

(A) a product

from which a rechargeable battery is not easily removable or is not intended or

designed to be removed from the product, other than by the manufacturer; or

(B) a medical

device, as that term is defined in the Federal Food, Drug, and Cosmetic Act, 21

U.S.C. § 321(h), as amended.

(19)

"Recycling" means any process by which discarded products,

components, and by-products are transformed into new usable or marketable materials

in a manner in which the original products may lose their identity, but does

not include energy recovery or energy generation by means of combusting

discarded products, components, and by products with or without other waste

products.

(20)

"Retailer" means a person who offers a primary battery for sale to

any consumer or business at retail in the State through any means, including

remote offerings such as sales outlets, catalogues, or an Internet website.

(21)

"Secretary" means the Secretary of Natural Resources. (Added 2013,

No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
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