§ 27-1803. Definitions.\n When used in this title:\n 1. "battery manufacturer" means every person, firm or corporation\nthat: (i) produces rechargeable batteries sold or distributed in the\nstate, or packages such batteries for sale in the state, except that if\nsuch production or packaging is for a distributor having the right to\nproduce or otherwise package that same brand of battery in the state,\nthen such distributor shall be deemed to be the battery manufacturer;\n(ii) imports rechargeable batteries into the United States that are sold\nor distributed in the state; or (iii) with respect to rechargeable\nbatteries defined in subparagraph (ii) of paragraph (a) of subdivision\nfour of this section, if no person, firm or corporation under paragraph\n(i) or (ii) of this subdivision takes responsibility for the\nrequirements under this title, "battery manufacturer" means the\nmanufacturer of the product that comes with, or contains, the\nrechargeable battery at the time the product is sold;\n 2. "consumer" means any person who purchases one or more rechargeable\nbatteries, or products containing such batteries at the time of sale,\nfor personal use;\n 3. "place of business" means the location at which a retailer sells or\noffers for sale to consumers, rechargeable batteries, or products\ncontaining such batteries at the time of sale;\n 4. (a) "rechargeable battery" means any of the following rechargeable\nbatteries weighing less than fifty pounds: (i) any nickel-cadmium,\nsealed lead, lithium ion, or nickel metal hydride battery; (ii) any\nbattery used as the principal electric power source for an electric\nscooter or bicycle with electric assist; (iii) any other such dry cell\nbattery capable of being recharged; or (iv) battery packs containing any\nsuch batteries;\n (b) "rechargeable battery" shall not include a battery used as the\nprincipal electric power source for a vehicle other than as set forth in\nsubparagraph (ii) of paragraph (a) of this subdivision, such as, but not\nlimited to, an automobile, boat, truck, tractor, golf cart or\nwheelchair; for storage of electricity generated by an alternative power\nsource, such as solar or wind-driven generators; or for memory backup\nthat is an integral component of an electronic device;\n 5. "retailer" means a person, firm or corporation that engages in the\nsale of rechargeable batteries, or products containing such batteries,\nto a consumer in the state, including, but not limited to, transactions\nconducted through sales outlets, catalogs, by mail, telephone or the\ninternet. For the purposes of this section retailer shall not include a\nfood store; and\n 6. "food store" means a store selling primarily food and food products\nfor consumption or use off the premises that occupies less than fourteen\nthousand square feet of display space.\n 7. "sell" or "sale" means any transfer for consideration of title or\nthe right to use, from a manufacturer or retailer to a person,\nincluding, but not limited to, transactions conducted through retail\nsales outlets, catalogs, mail, the telephone, the internet, or any\nelectronic means; "sell" or "sale" shall not include samples, donations,\nand reuse.\n
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