Definitions.

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  4. Definitions.

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As used in the Oklahoma Computer Equipment Recovery Act:

1. "Brand" means symbols, words, or marks that identify a covered device, rather than any of its components;

2. "Consumer" means any occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or home business use;

3. "Covered device" means a desktop or notebook computer, or computer monitor which is no longer of use to a consumer. Covered device does not include a television, any part of a motor vehicle, a personal digital assistant (PDA), a telephone, or a medical device that contains a video display device;

4. "Department" means the Department of Environmental Quality;

5. "Desktop computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data-processing device performing logical, arithmetic, or storage functions, but does not include an automated typewriter or typesetter. A desktop computer has a main unit that is intended to be located in a permanent location, often on a desk or on the floor. A desktop computer is not designed for portability and generally utilizes an external monitor, keyboard, and mouse;

6. "Manufacturer" means a person:

  • a.who manufactures or manufactured covered devices under a brand that the manufacturer owns or owned or is or was licensed to use, other than a license to manufacture covered devices for delivery exclusively to or at the order of the licensor,
  • b.who sells or sold covered 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 covered devices for delivery exclusively to or at the order of the licensor,
  • c.who manufactures or manufactured covered devices without affixing a brand,
  • d.who manufactures or manufactured covered devices to which is or was affixed a brand that the manufacturer neither owns or owned nor is or was licensed to use, or
  • e.for whose account covered devices, manufactured outside the United States, are or were imported into the United States. If at the time such covered devices are or were imported into the United States another person has offered to collect such covered devices under a recovery plan pursuant to subsection C of Section 5 of this act, this subparagraph shall not apply.

To be subject to the provisions of this act, a manufacturer must produce, sell or import covered devices in an amount exceeding fifty units per year;

7. "Notebook computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data-processing device performing logical, arithmetic, or storage functions, but does not include a portable handheld calculator, or a portable digital assistant;

8. "Person" means any individual, business entity, partnership, limited liability company, corporation, not-for-profit corporation, association, governmental entity, public benefit corporation or public authority;

9. "Recover" means to reuse or recycle;

10. "Recoverer" means a person or entity that reuses or recycles;

11. "Retailer" means a person that owns or operates a business that sells covered devices directly to a consumer, whether or not the seller has a physical presence in this state;

12. "Sell" or "sale" means any transfer for consideration of title including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not include leases; and

13. "Television" means any telecommunication system device that can receive moving pictures and sound broadcast over a distance, and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

Added by Laws 2008, c. 164, § 3, eff. Jan. 1, 2009.


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