For the purposes of this chapter, the term:

(1) "Brand" means a manufacturer's name, brand designation, make or model name or number, or other nomenclature by which covered electronic equipment is offered for sale by a manufacturer.

(2) "Collection event" means an event lasting at least 4 hours within normal daylight hours at which a District resident, small nonprofit, or small business can drop off, free of charge, unwanted covered electronic equipment for recycling or reuse.

(3) "Collection site" means a location at which a District resident, small nonprofit organization, or small business can drop off, free of charge, unwanted covered electronic equipment for recycling or reuse during normal business hours.

(4) "Covered electronic equipment" means computers and computer peripherals, including keyboards, electronic pointing devices, printers, computer monitors and display devices, laptops or other portable computers, and portable digital music players that have memory capability and are battery-powered, televisions, and television peripherals. The term "covered electronic equipment" does not include 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; telephones of any type, including mobile telephones, a personal digital assistant, a global positioning system, or a hand-held gaming device, household appliances, or covered electronic equipment that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, water heater, or exercise equipment, equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development or commercial setting, security or anti-terrorism equipment, monitoring and control instrument or system, thermostat, hand-held transceiver, server other than a small-scale server, cash register or retail self-checkout system, stand-alone storage product intended for use in industrial, research and development, or commercial settings, medical equipment that contains a cathode ray tube, a flat panel display or similar video display device, and that is not separate from the larger piece of medical equipment, or other medical devices as defined under the Federal Food, Drug, and Cosmetic Act. The term "covered electronic equipment" also does not include equipment that is sold to the District government or the federal government.

(5) "Covered electronic equipment stewardship program" means a recycling effort for covered electronic equipment established by a manufacturer, partnership, or representative organization.

(6) "Covered entity" means a District household or small nonprofit or small business entity that procures covered electronic equipment through retail channels.

(7) "Manufacturer" means a person who:

(A) Manufactures, imports, assembles, or substantially assembles covered electronic equipment for sale in the District by means of retail, wholesale, or electronic commerce, under its own or another brand name or label, or without affixing a brand name or label;

(B) Sells in the District by means of retail, wholesale, or electronic commerce, under its own brand name or label, covered electronic equipment produced by another person; or

(C) Owns a brand name or label that it licenses to another person for use on covered electronic equipment sold in the District by means of retail, wholesale, or electronic commerce.

(8) "Market share" means the total pounds of covered electronic equipment sold by a manufacturer to District residents and businesses in the previous calendar year divided by the total pounds of all covered electronic equipment sold to District residents and businesses in the previous calendar year.

(9) "Partnership" means an organization of manufacturers created to work together to meet the total minimum collection shares of its member manufacturers under § 8-1041.05(a)(2).

(10) "Product label" means information on the surface of covered electronic equipment that must be permanently attached to, printed, or engraved on or incorporated in a permanent manner on the equipment and obvious and visible to users of the equipment.

(11) "Representative organization" means an organization created to provide convenient collection service to District residents under § 8-1041.05(a)(3) and to develop and oversee implementation of a District plan consisting of one or more covered electronic equipment stewardship programs in the District. A representative organization may also oversee plans in other jurisdictions.

(12) "Retailer" means a person engaged in retail sales.

(13) "Reuse" means a process by which covered electronic equipment or a component of covered electronic equipment is used for the same purpose for which it was originally purchased.

(Feb. 26, 2015, D.C. Law 20-154, § 115, 61 DCR 9971; Oct. 8, 2016, D.C. Law 21-160, § 6032(c), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 6003(a), 64 DCR 7652.)

For temporary (90 days) amendment of this section, see § 6003(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 6003(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).