81-15,315.

Terms, defined.

For purposes of the Safe Battery Collection and Recycling Act:

(1)(a) Battery containing product means a product that contains or is packaged with a covered battery.

(b) Battery containing product does not include computers, small-scale servers, computer monitors, electronic keyboards and mice, printers, fax machines, scanners, televisions, digital video disc players and recorders, video cassette recorders, digital converter boxes, cable receivers, satellite receivers, portable digital music players, and video game consoles;

(2) Battery stewardship organization means an organization designated by a producer or a group of five or more producers that directly implements a battery stewardship plan approved by the department under section 81-15,317;

(3)(a) Covered battery means a portable battery or a medium format battery.

(b) Covered battery does not include:

(i) A battery that is contained in a medical device regulated under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., and that is not designed or marketed for sale or resale at retail locations for personal use;

(ii) A battery that contains an electrolyte as a free liquid or a product that contains such a battery;

(iii) A battery designed to power a motor vehicle, part of a motor vehicle, or a 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;

(iv) A battery in a product that is not intended or designed to be easily removable from the product;

(v) A battery or battery containing product that is being recalled for safety reasons; or

(vi) A battery or battery containing product offered for resale by a business that, as part of its operations, offers products for resale to other businesses or to consumers;

(4) Department means the Department of Environment and Energy;

(5) Medium format battery means any of the following:

(a) For batteries that are not capable of being recharged, a battery that weighs more than four and four-tenths pounds but not more than twenty-five pounds; or

(b) For rechargeable batteries, a battery that weighs more than eleven pounds or that has a rating of more than three hundred watt-hours, or both, but that does not weigh more than twenty-five pounds or have a rating of more than two thousand watt-hours;

(6) Portable battery means any of the following:

(a) For batteries that are not capable of being recharged, a battery that weighs no more than four and four-tenths pounds; or

(b) For rechargeable batteries, a battery that weighs no more than eleven pounds and that has a rating of no more than three hundred watt-hours;

(7)(a) Producer means a person that sells, offers for sale, or distributes for sale a covered battery or battery containing product in or into this state and that is any of the following:

(i) If the covered battery or battery containing product is sold under a brand of the battery's or product's manufacturer, the person that manufactures the battery or product;

(ii) If the covered battery or battery containing product is sold under a retail brand or under a brand owned by a person other than the battery's or product's manufacturer, the person that owns the brand;

(iii) If subdivisions (7)(a)(i) and (ii) of this section do not apply, the person that is the licensee of a brand or trademark under which the covered battery or battery containing product is sold, offered for sale, or distributed for sale in or into this state, regardless of whether the trademark is registered in this state;

(iv) If subdivisions (7)(a)(i) through (iii) of this section do not apply to any person within the United States, the person that is the importer of record for the covered battery or battery containing product into the United States for the purpose of selling, offering for sale, or distributing for sale the battery or product in or into this state; or

(v) If subdivisions (7)(a)(i) through (iv) of this section do not apply to any person with a commercial presence in this state, the person who first sells, offers for sale, or distributes for sale the covered battery or battery containing product in or into this state.

(b) Producer does not include a person that only sells, offers for sale, or distributes for sale a battery containing product if the battery is supplied by another producer that has designated a battery stewardship organization to implement a battery stewardship plan and if the producer certifies this fact in writing to the person that only sells, offers for sale, or distributes for sale the battery containing product;

(8) Rechargeable battery means a battery that contains one or more voltaic or galvanic cells electrically connected to produce electric energy and that is designed to be recharged;

(9)(a) Recycling means preparing batteries for use in manufacturing processes or for recovery of usable materials and delivering the materials for use.

(b) Recycling does not include:

(i) Destruction by incineration or other processes;

(ii) Land disposal of recyclable materials; and

(iii) Reuse, repair, or any other process through which batteries are returned in their original form;

(10) Recycling efficiency rate means the percentage calculated by dividing the weight of components and materials recycled by a battery stewardship organization by the weight of covered batteries collected by the battery stewardship organization; and

(11) Retailer means a person that sells or offers for sale a covered battery in or into this state.