35 Pa. Stat. § 6031.102

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 6031.102 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Brand." Symbols, words or marks that identify a covered device, rather than any of its components.

"Computer." A desktop or notebook computer. The term does not include an automated typewriter, professional workstation, server, mobile telephone, portable handheld calculator, portable digital assistant, MP3 player or other similar device.

"Computer manufacturer." A person:

(1) who manufactures covered computer devices to be sold under its own brand as identified by its own brand label;

(2) who sells covered computer devices manufactured by others under its own brand as identified by its own brand label; or

(3) who assumes the duties imposed on the computer manufacturer under this act.

The term does not include a person who manufactures only peripheral computer devices.

"Consumer." An occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or small business use. For purposes of this definition, a small business is an entity that is independently owned or operated, employs 50 or fewer people, has purchased or leased a covered computer device from a computer manufacturer or retailer and, but for the program established under this act, would not otherwise have access to electronic recycling programs.

"Covered computer device." A desktop or notebook computer or computer monitor or peripheral, marketed and intended for use by a consumer. The term does not include a covered television device.

"Covered device." A covered computer device and covered television device marketed and intended for use by a consumer. The term does not include:

(1) a device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;

(2) a device that is functionally or physically a part of or connected to or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development or medical setting, including, but not limited to, diagnostic, monitoring, control or medical products as defined under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C.§ 301 et seq.), or equipment used for security, sensing, monitoring, antiterrorism, emergency services purposes or equipment designed and intended primarily for use by professional users;

(3) a device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier or exercise equipment; or

(4) any of the following:

(i) Telephone of any type, including a mobile phone.

(ii) Personal digital assistant.

(iii) Global positioning system.

"Covered television device." An electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable or satellite, including, without limitation, any direct view or projection television with a viewable screen of four inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode or similar technology marketed and intended for use by a consumer primarily for personal purposes. The term does not include a covered computer device or a mobile telephone.

"Department." The Department of Environmental Protection of the Commonwealth.

"Desktop computer." An electronic, magnetic, optical, electrochemical or other high-speed data processing device which:

(1) Performs logical, arithmetic and storage functions for general purpose needs which are met through interaction with a number of software programs contained in the device.

(2) Is not designed to exclusively perform a specific type of limited or specialized application.

(3) Achieves human interface through a stand-alone keyboard, stand-alone monitor or other display unit and a stand-alone mouse or other pointing device and is designed for a single user.

(4) Has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor.

"Manufacturer." A computer manufacturer or a television manufacturer.

"Market share." An estimate of the total weight of a manufacturer's sales of covered devices during the previous program year calculated by multiplying the weight of its covered devices sold nationally times the quotient of this Commonwealth's population divided by the national population.

"New covered device." A covered device that is manufactured after the effective date of this section.

"Notebook computer." An electronic, magnetic, optical, electrochemical or other high-speed data processing device which:

(1) Performs logical, arithmetic or storage functions for general purpose needs which are met through interaction with a number of software programs contained in the device.

(2) Is not designed to exclusively perform a specific type of limited or specialized application.

(3) Achieves human interface through a keyboard, video display greater than four inches in size and mouse or other pointing device, all of which are contained within the construction of the unit which comprises the notebook computer.

(4) Can be carried as one unit by an individual.

(5) May include a supplemental stand-alone interface device.

(6) May use external, internal or batteries for a power source.

The term does not include a portable handheld calculator, portable digital assistant or similar specialized device.

"Obligated share." The proportion of covered devices that reflects a manufacturer's market share responsibility under this act.

"Peripheral." A keyboard, printer or any other device sold exclusively for external use with a computer that provides input into or output from the computer. The term does not include adaptive or assistive technologies.

"Person." An individual, trust, firm, joint stock company, business concern, corporation, government agency, partnership, limited liability company or association.

"Program year." A full calendar year beginning on or after January 1, 2011.

"Purchase." The taking by sale of title in exchange for consideration.

"Recycling." A process by which covered devices that would otherwise become solid waste or hazardous waste are collected, transported, separated and processed, including disassembling, dismantling or shredding, to be returned to use in the form of raw materials or products in accordance with environmental standards established by the Department of Environmental Protection.

"Retail sales." The sale of covered devices through sales outlets, via the Internet, mail order or other means, regardless of whether the retailer has a physical presence within this Commonwealth.

"Retailer." A person who offers for sale, other than for resale by the purchaser, new covered devices in this Commonwealth by any means, including, but not limited to, sales outlets, catalogs or the Internet.

"Sale" or "sell." A transfer for consideration of title, including, but not limited to, a transaction conducted through a sales outlet, catalog, the Internet or any other similar electronic means. The term does not include a lease.

"Secretary." The Secretary of Environmental Protection of the Commonwealth.

"Television manufacturer." A person who:

(1) manufactures covered television devices to be sold under its own brand as identified by its own brand label or being sold under a brand it is licensed to use;

(2) sells covered television devices manufactured by others under its own brand as identified by its own brand label; or

(3) assumes the duties imposed on a television manufacturer under this act.

35 P.S. § 6031.102

2010, Nov. 23, P.L. 1083, No. 108, §102, effective in 60 days [ 1/24/2011].