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The Vermont Statutes Online
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.)
