SECTIONS 42452 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42452

42452. For the purposes of this chapter, the following terms have
the following meanings, unless the context clearly requires
otherwise:
(a) "Consumer" means a purchaser or owner of a rechargeable
battery. "Consumer" also includes a business, corporation, limited
partnership, nonprofit organization, or governmental entity, but does
not include an entity involved in a wholesale transaction between a
distributor and retailer.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Rechargeable battery" means a small, nonvehicular,
rechargeable nickel-cadmium, nickel metal hydride, lithium ion, or
sealed lead-acid battery, or a battery pack containing these types of
batteries.
(d) "Retailer" means a person who makes a retail sale of a
rechargeable battery to a consumer in this state, including a
manufacturer of a rechargeable battery who sells that rechargeable
battery directly to a consumer. A sale includes, but is not limited
to, transactions conducted through sales outlets, catalogs, or the
Internet, or any other similar electronic means, but does not include
a sale that is a wholesale transaction with a distributor or
retailer. "Retailer" does not include a person who sells primarily
food and is listed in the Progressive Marketing Grocers Guidebook.
"Retailer" does not include a person who has less than one million
dollars ($1,000,000) annually in gross sales.
(e) (1) "Sell" or "sale" means a transfer for consideration of
title or of the right to use, by lease or sales contract, including,
but not limited to, transactions conducted through sales outlets,
catalogs, or the Internet or any other similar electronic means, but
does not include a wholesale transaction with a distributor or a
retailer.
(2) For purposes of this subdivision and subdivision (d),
"distributor" means a person who sells a rechargeable battery to a
retailer.
(f) "Used rechargeable battery" means a rechargeable battery that
has been previously used and is made available, by a consumer, for
reuse, recycling, or proper disposal.