New Jersey § 13:1e-99

§ 13:1e-99.

As used in P.L.2007, c. 347 ( C.13:1E-99.94 et seq. ) : “ Authorized recycler ” means a person who: (1) engages in the manual or mechanical separation of covered

electronic devices to recover components and commodities contained therein for the

purpose of re-use or recycling; or (2) changes the physical or chemical composition

of a covered electronic device by deconstructing, size reduction, crushing, cutting,

sawing, compacting, shredding, or refining for the purpose of segregating components,

and for the purpose of recovering or recycling those components, and who arranges

for the transport of those components to an end user. “ Brand ” means symbols, words, or marks that identify a covered electronic device, rather

than any of its components. “ Business concern ” means any corporation, association, firm, partnership, sole proprietorship, trust

or other form of commercial organization. “Business concern” shall not include a small business enterprise. “ Cathode ray tube ” means a vacuum tube or picture tube used to convert an electronic signal into a

visual image , and includes any cathode ray tube that is broken, damaged, or separated from its

host television or other device . “ Computer ” means an electronic, magnetic, optical, electrochemical, or other high-speed data

processing device performing logical, arithmetic, or storage function, and may include

both a computer central processing unit and a monitor, but the term shall not include

an automated typewriter or typesetter, a portable handheld calculator, a portable

digital assistant, or other similar device. “ Consumer ” means a person , State entity, school district, or local government unit who purchases a covered electronic device in a transaction that is a retail sale. “Consumer” shall not include any business concern purchasing covered electronic

devices. “ Covered electronic device ” means a desktop or personal computer, computer monitor, portable computer, desktop printer, desktop fax machine, or television sold to a consumer. A “covered electronic device” shall not include any of the following: (1) an electronic

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) an electronic device that is functionally or

physically a part of a larger piece of equipment designed and intended for use in

an industrial, commercial, or medical setting, including diagnostic, monitoring, or

control equipment; (3) an electronic 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, or air purifier; or

(4) any handheld device used to access commercial mobile data service or commercial mobile

radio service as such services are defined pursuant to 47 C.F.R. s.20.3 . “ Department ” means the Department of Environmental Protection. “ Group plan administrator ” means any person who enters into a contract with two or more manufacturers to collect,

transport, and recycle the total of those manufacturers' market share in weight obligations

pursuant to P.L.2007, c. 347 ( C.13:1E-99.94 et seq. ). “ Local government unit ” means any county or municipality, or any agency, instrumentality, authority or corporation

of any county or municipality, including, but not limited to, sewerage, utilities

and improvement authorities, or any other political subdivision of the State. “ Manufacturer ” means any person: (1) who manufactures or manufactured covered electronic devices

under a brand that it owns or owned or is or was licensed to use, other than a license

to manufacture covered electronic devices for delivery exclusively to or at the order

of the licensor; (2) who sells or sold covered electronic devices manufactured by

others under a brand that the seller owns or owned or is or was licensed to use, other

than a license to manufacture covered electronic devices for delivery exclusively

to or at the order of the licensor; (3) who manufactures or manufactured covered

electronic devices without affixing a brand; (4) who manufactures or manufactured

covered electronic devices to which the person affixes or affixed a brand that the

person neither owns or owned nor is or was licensed to use; (5) for whose account

covered electronic devices manufactured outside the United States are or were imported

into the United States, provided however, if, at the time such covered electronic

devices are or were imported into the United States, another person has registered

as the manufacturer of the brand of the covered electronic devices pursuant to subsection

b. of section 9 of P.L.2007, c. 347 ( C.13:1E-99.102 ), then paragraph (5) of this definition shall not apply; or (6) a person who assumes

the obligations and responsibilities for any manufacturer pursuant to paragraphs (1)

through (5) of this definition. “ Market share ” means a manufacturer's national sales of covered electronic devices expressed as a percentage of the total sales of all manufacturers' national sales of covered electronic devices, based on the best available public data. “ Market share in weight ” means the total weight of covered electronic devices for which an individual manufacturer

is responsible to collect, transport, and recycle based on the manufacturer's market

share, as provided pursuant to subsection a. of section 12 of P.L.2007, c. 347 ( C.13:1E-99.105 ). “ Monitor ” means a separate video display component of a computer, whether sold separately

or together with a computer central processing unit and computer box, and includes

a cathode ray tube, liquid crystal display, gas plasma, digital light processing,

or other image projection technology, greater than four inches measured diagonally,

and its case, interior wires and circuitry, cable to the central processing unit,

and power cord. “ Obligation ” means the market share in weight, identified for an individual manufacturer, as provided pursuant to subsection a. of section 12 of P.L.2007, c. 347 ( C.13:1E-99.105 ) . “ Orphan device ” means a covered electronic device for which no manufacturer can be identified, or

for which the original manufacturer no longer exists. “ Person ” means an individual, trust firm, joint stock company, business concern, and corporation,

including, but not limited to, a government department, partnership, limited liability

company, or association. “ Portable computer ” means a computer and video display greater than four inches in size that can be

carried as one unit by an individual, including a laptop computer. “ Program year ” means a full calendar year beginning on or after January 1, 2011. “ Purchase ” means the taking, by sale, of title in exchange for consideration. “ Recycling ” means any process by which materials which would otherwise become solid waste are

collected, separated or processed and returned to the economic mainstream in the form

of raw materials or products. “Recycling” shall not include energy recovery or energy generation by means of incinerating

electronic waste whether apart or in combination with other wastes. “ Registrant ” means a manufacturer of covered electronic devices that is in full compliance with

the requirements of P.L.2007, c. 347 ( C.13:1E-99.94 et seq. ) . “ Retail sales ” means the sale of covered electronic devices through sales outlets, via the Internet,

mail order, or other means, whether or not the retailer has a physical presence in

this State. “ Retailer ” means a person who owns or operates a business that sells new covered electronic

devices in this State by any means to a consumer. “ Sale ” or “ sell ” means any transfer for consideration of title, including, but not limited to, transactions

conducted through sales outlets, catalogs, or the Internet, or any other, similar

electronic means, and excluding leases. “ Small business enterprise ” means any business which has its principal place of business in this State, is independently

owned and operated, and employs the equivalent of fewer than 50 full-time employees. “ Statewide standard program ” means the program to collect, transport, and recycle covered electronic devices

established by the State pursuant to section 6 of P.L.2016, c. 87 ( C.13:1E-99.105a ). “ Television ” means a stand-alone display system containing a cathode ray tube or any other type

of display primarily intended to receive video programming via broadcast, having a

viewable area greater than four inches measured diagonally, able to adhere to standard

consumer video formats and having the capability of selecting different broadcast

channels and support sound capability. “ Video display ” means an output surface having a viewable area greater than four inches when measured

diagonally that displays moving graphical images or a visual representation of image

sequences or pictures, showing a number of quickly changing images on a screen in

fast succession to create the illusion of motion, including, if applicable, a device

that is an integral part of the display and cannot be easily removed from the display

by the consumer that produces the moving image on the screen. A “video display” typically uses a cathode ray tube, liquid crystal display, gas

plasma, digital light processing, or other image projection technology.