§ 23-24.10-3 - Definitions.
SECTION 23-24.10-3
§ 23-24.10-3 Definitions. – For the purposes of this chapter:
(1) "Department" means the department of environmentalmanagement.
(2) "Covered electronic products" means:
(i) Computers (including central processing unit or CPU) asdefined herein
(ii) Computer monitors, including CRT monitors and flat panelmonitors;
(iii) Combination units (CPUs with monitors);
(iv) Televisions including CRT-based and non-CRT-basedtelevisions, plasma and LCD, or any similar video display device with a screengreater than nine (9) inches diagonally and that contains a circuit board; and
(v) "Covered electronic products" does not mean a computer,television or video display device that is: (a) a part of a motor vehicle orany component part of a motor vehicle assembled by, or for, a vehiclemanufacturer or franchised dealer, including replacement parts for use in amotor vehicle; or (b) functionally or physically a part of, connected to orintegrated within a larger piece of equipment designed and intended for use inan industrial, governmental, commercial, research and development, or medicalsetting, (including diagnostic, monitoring, or other medical products as thatterm is defined under the Federal Food, Drug, and Cosmetic Act) or equipmentused for security, sensing, monitoring, or anti-terrorism purposes; or (c)contained within a home appliance, clothes washer, clothes dryer, refrigerator,refrigerator and freezer, microwave oven, conventional oven or range,dishwasher, room air conditioner, dehumidifier, or air purifier; or (d) ahandheld device used to access commercial mobile radio service, as such serviceis defined in 47 CFR 20.3, or (e) a printer as defined in subsection (ii)herein.
(3) "Person" means an individual, trust, firm, joint stockcompany, corporation (including a government corporation), partnership,association, the federal government or any agency or subdivision thereof, astate, municipality, commission, political subdivision of a state, or anyinterstate body.
(4) "Computer" often referred to as a "personal computer" or"PC", means a desktop or notebook computer as further defined below, but doesnot mean an automated typewriter, electronic printer, mobile telephone,portable hand-held calculator, portable digital assistant (PDA), MP3 player, orother similar device. "Computer" does not include computer peripherals,commonly known as cables, mouse, or keyboard; computer servers marketed toprofessional users; or retail store terminals or cash registers, used atcustomer checkout in the retail industry. "Computer" is further defined toinclude:
(i) "Desktop Computer" means an electronic, magnetic,optical, electrochemical, or other high speed data processing device performinglogical, arithmetic, or storage functions for general purpose needs which aremet through interaction with a number of software programs contained therein,and which is not designed to exclusively perform a specific type of logical,arithmetic or storage function or other limited or specialized application.Human interface with a desktop computer is achieved through a standalonekeyboard, standalone monitor or other display unit, and a standalone mouse orother pointing device, and is designed for a single user. A desktop computerhas a main unit that is intended to be persistently located in a singlelocation, often on a desk or on the floor. A desktop computer is not designedfor portability and generally utilizes an external monitor, keyboard, and mousewith an external or internal power supply for a power source. Desktop computerdoes not include an automated typewriter or typesetter; or
(ii) "Notebook computer" means an electronic, magnetic,optical, electrochemical, or other high-speed data processing device performinglogical, arithmetic, or storage functions for general purpose needs which aremet through interaction with a number of software programs contained therein,and which is not designed to exclusively perform a specific type of logical,arithmetic or storage function or other limited or specialized application.Human interface with a notebook computer is achieved through a keyboard, videodisplay greater than nine inches (9") in size, and mouse or other pointingdevice, all of which are contained within the construction of the unit whichcomprises the notebook computer; supplemental standalone interface devicestypically can also be attached to the notebook computer. Notebook computers canuse external, internal, or batteries for a power source. Notebook computer doesnot include a portable handheld calculator, or a portable digital assistant orsimilar specialized device. A notebook computer has an incorporated videodisplay greater than nine inches (9") in size and can be carried as one unit byan individual. A notebook computer is sometimes referred to as a laptopcomputer.
(5) "Corporation" means the Rhode Island resource recoverycorporation created and established pursuant to chapter 23-19 of the RhodeIsland general laws.
(6) "Manufacturer" means a person or entity who:
(i) Has a physical presence and legal assets in the UnitedStates of America; and
(A) Manufactures or manufactured a covered electronic productunder a brand it owns; or is or was licensed to use;
(B) Sells or sold under a brand or label it owns or is or waslicensed to use a covered electronic product produced by other suppliers; or
(C) Assumes the financial responsibility of manufacturercollection, transportation or recycling as further defined herein; or
(D) Imports or imported a covered electronic product into theUnited States that is manufactured by a person without a presence in the UnitedStates; or
(E) Sells at retail a covered electronic product acquiredfrom an importer that is the manufacturer as described in subsection (b)herein, and elects to register in lieu of the importer.
(7) "Market share" means a television manufacturers' nationalsales of televisions expressed as a percentage of the total of all televisionmanufacturers' national sales based on the best available public data.
(8) "Monitor" means a video display device without a tunerthat can display pictures and sound and is used with a computer.
(9) "Orphan waste" means a covered electronic product, excepta television, for which no manufacturer can be identified or the manufactureris no longer a business and no successor business can be identified.
(10) "Premium service" means services such as at-locationsystem upgrade services and at-home pickup services, including curbside pickupservice.
(11) "Printer" means desktop printers, multifunction printercopiers, and printer ax combinations taken out of service that are designed toreside on a work surface, and include various print technologies, includingwithout limitation laser and LED (electrographic), ink jet, dot matrix,thermal, and digital sublimation, and "multi-function" or "all-in-one" devicesthat perform different tasks, including without limitation copying, scanning,faxing, and printing. Printers do not include floor-standing printers, printerswith optional floor stand, point of sale (POS) receipt printers, householdprinters such as a calculator with printing capabilities or label makers, ornon-standalone printers that are embedded into products that are not coveredelectronic products.
(12) "Retailer" means a person or entity who sells a coveredelectronic product in the state to a consumer, "Retailer" includes, but is notlimited to, a manufacturer of a covered electronic product who sells directlyto a consumer through any means, including, but not limited to, transactionsconducted through sales outlets, catalogs or the Internet, or any similarelectronic means, but not including leasing, commercial financing or wholesaletransactions with a distributor or other retailer.
(13) "Return share" means the minimum percentage of coveredelectronic products, except televisions, that an individual manufacturer isresponsible for collecting, transporting and recycling.
(14) "Return share by weight" means the minimum total weightof covered electronic products, except televisions, that an individualmanufacturer is responsible for collecting, transporting and recycling.
(15) "Television" means any telecommunication system devicethat can broadcast or receive moving pictures and sound over a distance andincludes a television tuner or a display device peripheral to a computer thatcontains a television tuner.
(16) "Video display devices" means and includes units capableof presenting images electronically on a screen, with a viewable area greaterthan nine inches (9") when measured diagonally, viewed by the user and mayinclude cathode ray tubes, flat panel computer monitors, plasma displays,liquid crystal displays, rear and front enclosed projection devices, and othersimilar displays that exist or may be developed.
(17) "State program" means a statewide program forcollecting, transporting and recycling covered electronic products that isprovided by the resource recovery corporation for manufacturers who pay arecycling fee.