SECTIONS 42493 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42493

42493. For the purposes of this chapter, the following terms have
the following meanings, unless the context clearly requires
otherwise:
(a) "Cell phone" means a wireless telephone device that is
designed to send or receive transmissions through a cellular
radiotelephone service, as defined in Section 22.99 of Title 47 of
the Code of Federal Regulations. A cell phone includes the
rechargeable battery that may be connected to that cell phone. A cell
phone does not include a wireless telephone device that is
integrated into the electrical architecture of a motor vehicle.
(b) "Consumer" means a purchaser or owner of a cell phone.
"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.
(c) "Department" means the Department of Toxic Substances Control.
(d) "Retailer" means a person who sells a cell phone in the state
to a consumer, including a manufacturer of a cell phone who sells
that cell phone 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.
(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 cell phone to a retailer.
(f) "Used cell phone" means a cell phone that has been previously
used and is made available, by a consumer, for reuse, recycling, or
proper disposal.