The following terms, when used in this subchapter, have the
(1) Brand--The name, symbol, logo, trademark, or other
information that identifies a whole product rather than the components
of the product.
(2) Collector--A person who receives covered television
equipment from consumers and arranges for the delivery of the covered
television equipment to a recycler. A collector is prohibited from
acting as a recycler unless registered as a recycler.
(3) Consumer--An individual who uses covered television
equipment that is purchased primarily for personal or home business
(4) Covered television equipment--The following equipment
marketed to and intended for consumers:
(A) a direct view or projection television with a viewable
screen of nine inches or larger whose display technology is based
on cathode ray tube, plasma, liquid crystal, digital light processing,
liquid crystal on silicon, silicon crystal reflective display, light-emitting
diode, or similar technology; or
(B) a display device that is peripheral to a computer
that contains a television tuner.
(5) Market share allocation--The quantity of covered
television equipment, by weight, that an individual television manufacturer
submitting a recovery plan under §328.173 of this title (relating
to Manufacturer's Recovery Plan and Related Responsibilities) is responsible
for collecting, reusing, and recycling, as computed by the commission
under §328.185 of this title (relating to Commission Responsibilities).
(6) Recycler--A person who separates collected equipment
and refurbishes that equipment for reuse, or processes equipment to
be returned to use in the form of raw materials or products. The term
does not include an entity that solely collects or sorts television
equipment prior to shipment for recycling.
(7) Recycling--Any process by which equipment that
would otherwise become solid waste or hazardous waste is collected,
separated, and refurbished for reuse or processed to be returned to
use in the form of raw material or products. The term does not include
(8) Retailer--A person who owns or operates a business
that sells new covered television equipment by any means directly
to a consumer. The term does not include a person who, in the ordinary
course of business, regularly leases, offers to lease, or arranges
for leasing of merchandise under a rental-purchase agreement.
(9) Television--An electronic device that contains
a tuner that locks onto a selected carrier frequency and is capable
of receiving and displaying video programming from a broadcast, cable,
or satellite source.
(10) Television manufacturer--A person that:
(A) manufactures covered television equipment under
a brand the person owns or is licensed to use;
(B) manufactures covered television equipment without
affixing a brand;
(C) resells covered television equipment produced by
other suppliers under a brand the person owns or is licensed to use;
(D) manufactures covered television equipment, supplies
it to any person within a distribution network that includes a wholesaler
or retailer, and benefits from the sale of the covered television
equipment through that distribution network; or
(E) assumes the responsibilities of a television manufacturer
under this subchapter.