For purposes of this chapter, the following terms have the following meanings: (a) âBrandâ means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered battery and identifies the owner or licensee of the brand. (b) âCollection siteâ means a permanent or temporary location at which covered batteries are collected and prepared for transport in accordance with the requirements of this chapter. (c) âConsumerâ means an owner of a covered battery, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered battery, who is not, as to that covered battery, the distributor, importer, producer, recycler, retailer, or stewardship organization. (d) (1) âCovered batteryâ means a device consisting of one or more electrically connected electrochemical cells designed to receive, store, and deliver electric energy. A covered battery includes a battery that is any of the following: (A) A loose battery that is either sold separately from a product or that is designed to be easily removed from a product by the user of the product, with no more than common household tools. (B) A battery that is packed with, but not installed in, the product that the battery is intended to power, when the product is offered for sale by the producer. (2) âCovered batteryâ does not include any of the following: (A) A primary battery weighing over two kilograms. For purposes of this subparagraph, âprimary batteryâ means a nonrechargeable battery, including, but not limited to, alkaline, carbon-zinc, and lithium metal batteries. (B) A rechargeable battery weighing over five kilograms and having a Watt-hour rating of more than 300 Watt-hours. (C) A lead-acid battery, as defined in subdivisions (a) and (b) of Section 42440. (D) (i) A battery contained in a motor vehicle. For purposes of this subparagraph, âmotor vehicleâ has the same meaning as set forth in Section 415 of the Vehicle Code. (ii) Notwithstanding any other law, the exclusion in clause (i) does not apply to a battery contained in any of the following: (I) A motorized scooter. (II) A motorized skateboard. (III) A motorized hoverboard. (IV) A device intended to propel or move upon a highway only one individual person or property. (E) A fuel cell electrical generating facility. For purposes of this subparagraph, âfuel cell electrical generating facilityâ has the same meaning as âeligible fuel cell electrical generating facility,â as defined in Section 2827.10 of the Public Utilities Code. (F) (i) A Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies: (I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations. (II) Either of the following applies: (ia) The device is predominantly used in a health care setting by a provider. (ib) The device is predominantly prescribed by a health care provider. (ii) A Class II or Class III device as defined in Section 360c of Title 21 of the United States Code. (G) A battery that has been recalled. (e) âDepartmentâ means the Department of Resources Recycling and Recovery or a successor agency. (f) âDistributorâ means a company that has a contractual relationship with one or more producers to market and sell covered batteries to retailers. (g) âElectrochemical cellâ means a system consisting of an anode, a cathode, and an electrolyte, plus electrical or mechanical connections needed to allow the cell to deliver or receive electric energy. (h) âImporterâ means either of the following: (1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered battery that is sold, distributed for sale, or off
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