§ 7151. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Natural Resources.
(2) “Covered entity” means any person who presents to a collection facility that is included
in an approved plan:
(A) any number of compact fluorescent mercury-containing lamps; or
(B) 10 or fewer mercury-containing lamps that are not compact fluorescent lamps.
(3) “Lamp” means an electric lamp, including mercury-containing lamps, incandescent lamps,
halogen lamps, and light-emitting diode lamps.
(4) “Manufacturer” means a person who:
(A) manufactures or manufactured a mercury-containing lamp under its own brand or label
for sale in the State;
(B) sells in the State under its own brand or label a mercury-containing lamp produced
by another supplier;
(C) owns a brand that it licenses or licensed to another person for use on a mercury-containing
lamp sold in the State;
(D) imports into the United States for sale in the State a mercury-containing lamp manufactured
by a person without a presence in the United States;
(E) manufactures a mercury-containing lamp for sale in the State without affixing a brand
name; or
(F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined
under subdivisions (A) through (E) of this subdivision (4), provided that the Secretary
may enforce the requirements of this chapter against a manufacturer defined under
subdivisions (A) through (E) of this subdivision (4) if a person who assumes the manufacturer’s
responsibilities fails to comply with the requirements of this chapter.
(5) “Mercury-containing lamp” means a general purpose lamp to which mercury is intentionally
added during the manufacturing process. “Mercury-containing lamp” does not mean a
lamp used for medical, disinfection, treatment, or industrial purposes.
(6) “Program year” means the period from July 1 through June 30.
(7) “Retailer” means a person who sells a mercury-containing lamp to a person in the State
through any means, including a sales outlet, a catalogue, the telephone, the Internet,
or any electronic means.
(8) “Secretary” means the Secretary of Natural Resources.
(9) “Sell” or “sale” means any transfer for consideration of title or of the right to
use by lease or sales contract a mercury-containing lamp to a person in the State
of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or transfer
of a used mercury-containing lamp or a manufacturer’s or a distributor’s wholesale
transaction with a distributor or a retailer.
(10) “Stewardship organization” means an organization, association, or entity that has
developed a system, method, or other mechanism which assumes the responsibilities,
obligations, and liabilities under this chapter of multiple manufacturers of mercury-containing
lamps. (Added 2011, No. 36, § 2, eff. May 19, 2011.)