HRS §339D-1 Definitions
339D-1. Definitions
As used in this chapter:
"Brand" means a symbol, word, or mark
that identifies an electronic device, rather than any of its components.
"Collector" means a person that
accepts electronic devices for reuse or delivers the devices to a recycler for
the purposes of this chapter.
"Department" means the department of
health.
"Electronic device":
(1) Means:
(A) A computer, computer printer, computer
monitor, or portable computer with a screen size greater than four inches
measured diagonally; and
(B) Any device that is capable of receiving
broadcast, cable, or satellite signals and displaying television or video
programing, including any direct view or projection television with a viewable
screen of nine inches or larger with display technology 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; and
(2) Shall not include:
(A) An electronic device that is a part of a
motor vehicle or any component part of a motor vehicle assembled by or for a
motor vehicle manufacturer or franchised dealer, including replacement parts
for use in a motor vehicle;
(B) An electronic device that is functionally
or physically required as a part of a larger piece of equipment designed and
intended for use in an industrial, commercial, or medical setting, including
diagnostic, monitoring, or control equipment;
(C) An electronic device that is contained
within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room air conditioner,
dehumidifier, or air purifier;
(D) A telephone of any type including a
mobile telephone; or
(E) A global positioning system.
"Manufacturer":
(1) Means any person:
(A) Who manufactures or manufactured
electronic devices under a brand that it owns or owned or is or was licensed to
use, other than a license to manufacture electronic devices for delivery
exclusively to or at the order of the licensor;
(B) Who sells or sold electronic devices
manufactured by others under a brand that the seller owns or owned or is or was
licensed to use, other than a license to manufacture electronic devices for
delivery exclusively to or at the order of the licensor;
(C) Who manufactures or manufactured
electronic devices without affixing a brand;
(D) Who manufactures or manufactured
electronic devices to which it affixes or affixed a brand that it neither owns
or owned nor is or was licensed to use; or
(E) For whose account electronic devices
manufactured outside the United States are or were imported into the United
States; provided that if at the time those electronic devices are or were
imported into the United States and another person has registered as the
manufacturer of the brand of the electronic devices, this subparagraph shall
not apply; and
(2) Shall not include persons who sold fewer than one
hundred electronic devices in the State during the previous calendar year.
"Person" means any individual,
business, partnership, limited liability company, corporation, not-for-profit
organization, association, government entity, public benefit corporation, or
public authority.
"Recycler" means any person who
engages in the recycling of electronic devices for the purposes of this
chapter.
"Recycling" means processing,
including disassembling, dismantling, or shredding, electronic devices or their
components to recover a useable product.
"Retailer" means any person who
offers electronic devices for sale, other than for resale by the purchaser,
through any means, including sales outlets, catalogs, or the Internet.
"Reuse" means any operation by which
an electronic device changes ownership and is used for the same purpose for
which it was originally purchased.
"Sell" or "sale" means any
transfer for consideration of title, including transactions conducted through
sales outlets, catalogs, or the Internet, but excluding leases. [L Sp 2008, c
13, pt of §2 and §3(e); am L 2009, c 183, §§8, 16; am L 2022, c 151, §3]