§ 27-2001. Definitions.

As used in this title, the following terms shall have the following
meanings:

1. "architectural paint" means interior and exterior architectural
coatings sold in containers of five gallons or less; provided, however,
that "architectural paint" shall not include industrial, original
equipment or specialty coatings.

2. "commissioner" means the commissioner of environmental
conservation.

3. "department" means the department of environmental conservation.

4. "environmentally sound management practices" means procedures for
the collection, storage, transportation, reuse, recycling and disposal
of architectural paint, to be implemented by the producer or
representative organization or by the producers or representative
organization's contracted partners to ensure compliance with all
applicable federal, state and local laws and any regulations and
ordinances for the protection of human health and the environment and
these procedures shall address adequate record keeping, tracking and
documenting of the final disposition of materials.

5. "postconsumer paint" means architectural paint not used and no
longer wanted by a consumer.

6. "producer" means a manufacturer of architectural paint who sells,
offers for sale or distributes the architectural paint in the state.

7. "program" means the postconsumer paint collection program
established pursuant to section 27-2003 of this title.

8. "recycling" means a process by which discarded products, components
and by-products are transformed into new usable or marketable materials
in a manner in which the original products may lose their identity. This
term excludes thermal treatment or the use of postconsumer paint as a
fuel substitute or for energy production.

9. "representative organization" means a not-for-profit organization
established by producers to implement the postconsumer paint collection
program.

10. "retailer" means a person that offers architectural paint for sale
at retail in the state.

11. "Reuse" means the return of a product into the economic stream for
use in the same kind of application as the product was originally
intended to be used, without a change in the product's identity.

12. "Sell" or "sale" means any transfer for consideration of title or
the right to use, from a manufacturer or retailer to a person,
including, but not limited to, transactions conducted through retail
sales outlets, catalogs, mail, the telephone, the internet, or any
electronic means; this does not include samples, donations, and reuse.