19-6-1202. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

As used in this part:

(1)"Collection":

(a)means the aggregation of consumer electronic devices from consumers; and

(b)includes all the activities up to the time a consumer electronic device is delivered to a recycler.

(2)"Community collection event" means a scheduled event for a member of the public to dispose of or recycle:

(a)a consumer electronic device or other electronic waste;

(b)green or organic waste;

(c)hazardous waste as that term is defined in Section 19-6-102 ; or

(d)an item not considered household waste that is difficult to dispose of or recycle.

(a)"Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing a logical, arithmetic, or storage function, including:

(i)a laptop computer;

(ii)a desktop computer; or

(iii)a tablet computer.

(b)"Computer" includes the following permanently affixed to or incorporated into a device described in Subsection (3)(a):

(i)a cable cord;

(ii)permanent wiring;

(iii)a central processing unit; or

(iv)a monitor.

(c)"Computer" does not include an automated typewriter or typesetter, a portable hand-held calculator, a portable digital assistant, a server, or similar device.

(4)"Consumer" means a person who owns or uses a covered electronic device that is purchased primarily for personal or home business use.

(5)"Consumer electronic device" means the following products sold to a consumer:

(a)a computer;

(b)a computer peripheral;

(c)a television; or

(d)a television peripheral.

(6)"Eligible program" means a collection, reuse, or recycling system for a consumer electronic device, including:

(a)a system by which a manufacturer, manufacturer's designee, or other private entity offers a consumer an option to return a consumer electronic device by mail;

(b)a system using a physical collection site that a manufacturer, manufacturer's designee, or other private or public entity provides for a consumer to return a covered consumer electronic device; or

(c)a system that uses a collection event held by a manufacturer, manufacturer's designee, or other private or public entity at which a consumer may return a consumer electronic device.

(7)"Manufacturer" means a person who:

(a)manufactures a consumer electronic device under a brand the person owns or is licensed to use; or

(b)assumes the responsibilities and obligations of a person described in Subsection (7)(a).

(8)"Peripheral" means a keyboard, printer, or other device that:

(a)is sold exclusively for external use with a television or computer; and

(b)provides input into or output from a television or computer.

(a)"Recycling" means the process of collecting and preparing electronic products for:

(i)use in a manufacturing process; or

(ii)recovery of reusable materials followed by delivery of reusable materials for use.

(b)"Recycling" does not include destruction by incineration, waste-to-energy incineration, or other similar processes or land disposal.

(10)"Reuse" means electronic waste:

(a)that is tested and determined to be in good working order; and

(b)that is removed from the waste stream to use for the same purpose for which it was manufactured, including the continued use of the whole system or components.

(a)"Sell" or "sale" means any transfer for consideration of title or of the right to use by lease or sales contract of a consumer electronic device to a consumer.

(b)"Sell" or "sale" does not include:

(i)the sale, resale, lease, or transfer of used consumer electronic devices; or

(ii)a manufacturer's or a distributor's wholesale transaction with a distributor or retailer involving a consumer electronic device.

(12)"Television" means a display system primarily intended to receive video programming via broadcast, cable, or satellite transmission.

Amended by Chapter 458 , 2025 General Session