Definitions

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    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Cell” means a galvanic or voltaic device weighing 25 pounds or less consisting of an enclosed or sealed container which contains a positive and a negative electrode consisting primarily of cadmium or lead, and which contains a gel or liquid starved electrolyte.

    (c)    “Cell manufacturer” means a person who:

        (1)    Manufactures cells in the United States; or

        (2)    Imports into the United States cells or units for which no unit management program has been put into effect by the actual manufacturer of the cell or unit.

    (d)    “Easily removed”, with respect to a rechargeable battery which powers a rechargeable product, means removable by hand or by using common household tools.

    (e)    “Institutional user” means a person conducting medical, commercial, industrial, governmental, or similar operations.

    (f)    (1)    “Marketer” means a person who manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on a unit or product with an easily removable rechargeable battery.

        (2)    Except for a person who affixes a brand name or private label to a unit or to a product with an easily removable rechargeable battery, “marketer” does not include a person engaged in the retail sale of a unit or of a rechargeable product.

    (g)    “Nonremovable”, with respect to a rechargeable battery which powers a rechargeable product, means not easily removed.

    (h)    (1)    “Rechargeable battery” means any type of enclosed device or sealed container which consists of one or more cells and which weighs 25 pounds or less.

        (2)    “Rechargeable battery” does not include a battery used as a power source for starting a motor vehicle.

    (i)    “Rechargeable product” means a device for which the primary power source is a nonremovable rechargeable battery.

    (j)    “Responsible entity” means a person designated in a unit management program, or in the absence of a unit management program, the marketer whose name appears on a unit.

    (k)    “Sell” means to sell, offer for sale, or offer for promotional purposes a unit or a product with an easily removable rechargeable battery.

    (l)    “Unit” means a cell, a rechargeable battery, or a rechargeable product.

    (m)    “Unit management program” means a program or system for the collection, recycling, or disposal of units put in place by a marketer under § 6-1107 of this subtitle.


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