State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-309_91

§ 130A‑309.91. (Effective July 1, 2010) Definitions.

As used in this Part, thefollowing definitions apply:

(1)        Business entity. – Definedin G.S. 55‑1‑40(2a).

(2)        Computer equipment.– Any desktop central processing unit, any laptop computer, the monitor orvideo display unit for a computer system, and the keyboard, mice, and otherperipheral equipment. Computer equipment does not include a printing devicesuch as a printer, a scanner, a combination print‑scanner‑faxmachine, or other device designed to produce hard paper copies from a computer;an automobile; a television; a household appliance; a large piece of commercialor industrial equipment, such as commercial medical equipment, that contains acathode ray tube, a cathode ray tube device, a flat panel display, or similarvideo display device that is contained within, and is not separate from, thelarger piece of equipment, or other medical devices as that term is definedunder the federal Food, Drug, and Cosmetic Act.

(2a)      Computermanufacturer. – A person that manufactures computer equipment sold under itsown brand or label; sells under its own brand or label computer equipmentproduced by other suppliers; imports into the United States computer equipmentthat was manufactured outside of the United States; or owns a brand that itlicenses to another person for use on computer equipment. Manufacturer includesa business entity that acquires another business entity that manufactures orhas manufactured computer equipment.

(2b)      Covered device. – Computerequipment and televisions. The term does not include a device that is:

a.         Part of a motorvehicle or any component of a motor vehicle assembled by, or for, a vehiclemanufacturer or franchised dealer, including replacement parts for use in amotor vehicle.

b.         (i) Physically apart of or integrated within a larger piece of equipment designed and intendedfor use in an industrial, governmental, commercial, research and development,or medical setting; (ii) equipment used for diagnostic, monitoring, or othermedical products as that term is defined under the Federal Food, Drug, andCosmetic Act; (iii) equipment used for security, sensing, monitoring,antiterrorism purposes, or emergency services purposes.

c.         Contained within ahousehold appliance, including, but not limited to, a clothes washer, clothesdryer, refrigerator, refrigerator and freezer, microwave oven, conventionaloven or range, dishwasher, room air conditioner, dehumidifier, air purifier, orexercise equipment.

(3)        Discarded computerequipment. – Computer equipment that is solid waste.

(3a)      Discarded television.– A television that is solid waste.

(4)        Discarded computerequipment or television collector. – A municipal or county government,nonprofit agency, or retailer that accepts discarded computer equipment or atelevision from the public.

(5)        Recodified as G.S.130A‑309.91(2a).

(5a)      Market share. – Atelevision manufacturer's obligation to recycle discarded televisions. Atelevision manufacturer's market share is the television manufacturer's prioryear's sales of televisions as calculated by the Department pursuant to G.S.130A‑309.95(4) divided by all manufacturers' prior year's sales for alltelevisions as calculated by the Department pursuant to G.S. 130A‑309.95(4).Market share may be expressed as a percentage, a fraction, or a decimalfraction.

(6)        Orphan discardedcomputer equipment. – Any discarded computer equipment for which a manufacturercannot be identified or for which the manufacturer is no longer in business andhas no successor in interest.

(7)        Retailer. – A personthat sells computer equipment or televisions in the State to a consumer.Retailer includes a manufacturer of computer equipment or televisions thatsells directly to a consumer through any means, including transactionsconducted through sales outlets, catalogs, the Internet, or any similarelectronic means, but does not include a person that sells computer equipmentor televisions to a distributor or retailer through a wholesale transaction.

(8)        Television. – Anyelectronic device that contains a tuner that locks on to a selected carrierfrequency and is capable of receiving and displaying of television or videoprogramming via broadcast, cable, or satellite, including, without limitation,any direct view or projection television with a viewable screen of 9 inches orlarger whose display technology is based on cathode ray tube (CRT), plasma,liquid crystal (LCD), digital light processing (DLP), liquid crystal on silicon(LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED),or similar technology marketed and intended for use by a consumer primarily forpersonal purposes. The term does not include computer equipment.

(9)        Televisionmanufacturer. – A person that: (i) manufactures for sale in this State atelevision under a brand that it licenses or owns; (ii) manufactures for salein this State a television without affixing a brand; (iii) resells into thisState a television under a brand it owns or licenses produced by othersuppliers, including retail establishments that sell a television under a brandthat the retailer owns or licenses; (iv) imports into the United States orexports from the United States a television for sale in this State; (v) sellsat retail a television acquired from an importer that is the manufacturer asdescribed in sub‑subdivision (iv) of this subdivision, and the retailerelects to register in lieu of the importer as the manufacturer of thoseproducts; (vi) manufactures a television for or supplies a television to anyperson within a distribution network that includes wholesalers or retailers inthis State and that benefits from the sale in this State of the televisionthrough the distribution network; or (vii) assumes the responsibilities andobligations of a television manufacturer under this Part. In the event thetelevision manufacturer is one that manufactures, sells, or resells under abrand it licenses, the licensor or brand owner of the brand shall not beconsidered to be a television manufacturer under (i) or (iii) of thissubdivision.  (2007‑550,s. 16.1(a); 2008‑198, ss. 11.3, 11.4; 2008‑208, ss. 1, 7; 2009‑484,s. 16(a), (b); 2009‑550, s. 10(a), (b).)

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-309_91

§ 130A‑309.91. (Effective July 1, 2010) Definitions.

As used in this Part, thefollowing definitions apply:

(1)        Business entity. – Definedin G.S. 55‑1‑40(2a).

(2)        Computer equipment.– Any desktop central processing unit, any laptop computer, the monitor orvideo display unit for a computer system, and the keyboard, mice, and otherperipheral equipment. Computer equipment does not include a printing devicesuch as a printer, a scanner, a combination print‑scanner‑faxmachine, or other device designed to produce hard paper copies from a computer;an automobile; a television; a household appliance; a large piece of commercialor industrial equipment, such as commercial medical equipment, that contains acathode ray tube, a cathode ray tube device, a flat panel display, or similarvideo display device that is contained within, and is not separate from, thelarger piece of equipment, or other medical devices as that term is definedunder the federal Food, Drug, and Cosmetic Act.

(2a)      Computermanufacturer. – A person that manufactures computer equipment sold under itsown brand or label; sells under its own brand or label computer equipmentproduced by other suppliers; imports into the United States computer equipmentthat was manufactured outside of the United States; or owns a brand that itlicenses to another person for use on computer equipment. Manufacturer includesa business entity that acquires another business entity that manufactures orhas manufactured computer equipment.

(2b)      Covered device. – Computerequipment and televisions. The term does not include a device that is:

a.         Part of a motorvehicle or any component of a motor vehicle assembled by, or for, a vehiclemanufacturer or franchised dealer, including replacement parts for use in amotor vehicle.

b.         (i) Physically apart of or integrated within a larger piece of equipment designed and intendedfor use in an industrial, governmental, commercial, research and development,or medical setting; (ii) equipment used for diagnostic, monitoring, or othermedical products as that term is defined under the Federal Food, Drug, andCosmetic Act; (iii) equipment used for security, sensing, monitoring,antiterrorism purposes, or emergency services purposes.

c.         Contained within ahousehold appliance, including, but not limited to, a clothes washer, clothesdryer, refrigerator, refrigerator and freezer, microwave oven, conventionaloven or range, dishwasher, room air conditioner, dehumidifier, air purifier, orexercise equipment.

(3)        Discarded computerequipment. – Computer equipment that is solid waste.

(3a)      Discarded television.– A television that is solid waste.

(4)        Discarded computerequipment or television collector. – A municipal or county government,nonprofit agency, or retailer that accepts discarded computer equipment or atelevision from the public.

(5)        Recodified as G.S.130A‑309.91(2a).

(5a)      Market share. – Atelevision manufacturer's obligation to recycle discarded televisions. Atelevision manufacturer's market share is the television manufacturer's prioryear's sales of televisions as calculated by the Department pursuant to G.S.130A‑309.95(4) divided by all manufacturers' prior year's sales for alltelevisions as calculated by the Department pursuant to G.S. 130A‑309.95(4).Market share may be expressed as a percentage, a fraction, or a decimalfraction.

(6)        Orphan discardedcomputer equipment. – Any discarded computer equipment for which a manufacturercannot be identified or for which the manufacturer is no longer in business andhas no successor in interest.

(7)        Retailer. – A personthat sells computer equipment or televisions in the State to a consumer.Retailer includes a manufacturer of computer equipment or televisions thatsells directly to a consumer through any means, including transactionsconducted through sales outlets, catalogs, the Internet, or any similarelectronic means, but does not include a person that sells computer equipmentor televisions to a distributor or retailer through a wholesale transaction.

(8)        Television. – Anyelectronic device that contains a tuner that locks on to a selected carrierfrequency and is capable of receiving and displaying of television or videoprogramming via broadcast, cable, or satellite, including, without limitation,any direct view or projection television with a viewable screen of 9 inches orlarger whose display technology is based on cathode ray tube (CRT), plasma,liquid crystal (LCD), digital light processing (DLP), liquid crystal on silicon(LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED),or similar technology marketed and intended for use by a consumer primarily forpersonal purposes. The term does not include computer equipment.

(9)        Televisionmanufacturer. – A person that: (i) manufactures for sale in this State atelevision under a brand that it licenses or owns; (ii) manufactures for salein this State a television without affixing a brand; (iii) resells into thisState a television under a brand it owns or licenses produced by othersuppliers, including retail establishments that sell a television under a brandthat the retailer owns or licenses; (iv) imports into the United States orexports from the United States a television for sale in this State; (v) sellsat retail a television acquired from an importer that is the manufacturer asdescribed in sub‑subdivision (iv) of this subdivision, and the retailerelects to register in lieu of the importer as the manufacturer of thoseproducts; (vi) manufactures a television for or supplies a television to anyperson within a distribution network that includes wholesalers or retailers inthis State and that benefits from the sale in this State of the televisionthrough the distribution network; or (vii) assumes the responsibilities andobligations of a television manufacturer under this Part. In the event thetelevision manufacturer is one that manufactures, sells, or resells under abrand it licenses, the licensor or brand owner of the brand shall not beconsidered to be a television manufacturer under (i) or (iii) of thissubdivision.  (2007‑550,s. 16.1(a); 2008‑198, ss. 11.3, 11.4; 2008‑208, ss. 1, 7; 2009‑484,s. 16(a), (b); 2009‑550, s. 10(a), (b).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_130A > GS_130A-309_91

§ 130A‑309.91. (Effective July 1, 2010) Definitions.

As used in this Part, thefollowing definitions apply:

(1)        Business entity. – Definedin G.S. 55‑1‑40(2a).

(2)        Computer equipment.– Any desktop central processing unit, any laptop computer, the monitor orvideo display unit for a computer system, and the keyboard, mice, and otherperipheral equipment. Computer equipment does not include a printing devicesuch as a printer, a scanner, a combination print‑scanner‑faxmachine, or other device designed to produce hard paper copies from a computer;an automobile; a television; a household appliance; a large piece of commercialor industrial equipment, such as commercial medical equipment, that contains acathode ray tube, a cathode ray tube device, a flat panel display, or similarvideo display device that is contained within, and is not separate from, thelarger piece of equipment, or other medical devices as that term is definedunder the federal Food, Drug, and Cosmetic Act.

(2a)      Computermanufacturer. – A person that manufactures computer equipment sold under itsown brand or label; sells under its own brand or label computer equipmentproduced by other suppliers; imports into the United States computer equipmentthat was manufactured outside of the United States; or owns a brand that itlicenses to another person for use on computer equipment. Manufacturer includesa business entity that acquires another business entity that manufactures orhas manufactured computer equipment.

(2b)      Covered device. – Computerequipment and televisions. The term does not include a device that is:

a.         Part of a motorvehicle or any component of a motor vehicle assembled by, or for, a vehiclemanufacturer or franchised dealer, including replacement parts for use in amotor vehicle.

b.         (i) Physically apart of or integrated within a larger piece of equipment designed and intendedfor use in an industrial, governmental, commercial, research and development,or medical setting; (ii) equipment used for diagnostic, monitoring, or othermedical products as that term is defined under the Federal Food, Drug, andCosmetic Act; (iii) equipment used for security, sensing, monitoring,antiterrorism purposes, or emergency services purposes.

c.         Contained within ahousehold appliance, including, but not limited to, a clothes washer, clothesdryer, refrigerator, refrigerator and freezer, microwave oven, conventionaloven or range, dishwasher, room air conditioner, dehumidifier, air purifier, orexercise equipment.

(3)        Discarded computerequipment. – Computer equipment that is solid waste.

(3a)      Discarded television.– A television that is solid waste.

(4)        Discarded computerequipment or television collector. – A municipal or county government,nonprofit agency, or retailer that accepts discarded computer equipment or atelevision from the public.

(5)        Recodified as G.S.130A‑309.91(2a).

(5a)      Market share. – Atelevision manufacturer's obligation to recycle discarded televisions. Atelevision manufacturer's market share is the television manufacturer's prioryear's sales of televisions as calculated by the Department pursuant to G.S.130A‑309.95(4) divided by all manufacturers' prior year's sales for alltelevisions as calculated by the Department pursuant to G.S. 130A‑309.95(4).Market share may be expressed as a percentage, a fraction, or a decimalfraction.

(6)        Orphan discardedcomputer equipment. – Any discarded computer equipment for which a manufacturercannot be identified or for which the manufacturer is no longer in business andhas no successor in interest.

(7)        Retailer. – A personthat sells computer equipment or televisions in the State to a consumer.Retailer includes a manufacturer of computer equipment or televisions thatsells directly to a consumer through any means, including transactionsconducted through sales outlets, catalogs, the Internet, or any similarelectronic means, but does not include a person that sells computer equipmentor televisions to a distributor or retailer through a wholesale transaction.

(8)        Television. – Anyelectronic device that contains a tuner that locks on to a selected carrierfrequency and is capable of receiving and displaying of television or videoprogramming via broadcast, cable, or satellite, including, without limitation,any direct view or projection television with a viewable screen of 9 inches orlarger whose display technology is based on cathode ray tube (CRT), plasma,liquid crystal (LCD), digital light processing (DLP), liquid crystal on silicon(LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED),or similar technology marketed and intended for use by a consumer primarily forpersonal purposes. The term does not include computer equipment.

(9)        Televisionmanufacturer. – A person that: (i) manufactures for sale in this State atelevision under a brand that it licenses or owns; (ii) manufactures for salein this State a television without affixing a brand; (iii) resells into thisState a television under a brand it owns or licenses produced by othersuppliers, including retail establishments that sell a television under a brandthat the retailer owns or licenses; (iv) imports into the United States orexports from the United States a television for sale in this State; (v) sellsat retail a television acquired from an importer that is the manufacturer asdescribed in sub‑subdivision (iv) of this subdivision, and the retailerelects to register in lieu of the importer as the manufacturer of thoseproducts; (vi) manufactures a television for or supplies a television to anyperson within a distribution network that includes wholesalers or retailers inthis State and that benefits from the sale in this State of the televisionthrough the distribution network; or (vii) assumes the responsibilities andobligations of a television manufacturer under this Part. In the event thetelevision manufacturer is one that manufactures, sells, or resells under abrand it licenses, the licensor or brand owner of the brand shall not beconsidered to be a television manufacturer under (i) or (iii) of thissubdivision.  (2007‑550,s. 16.1(a); 2008‑198, ss. 11.3, 11.4; 2008‑208, ss. 1, 7; 2009‑484,s. 16(a), (b); 2009‑550, s. 10(a), (b).)