1. (a) Consumer means any person who purchases a mercury-added consumer product for use other than resale.
2. (b) Department means the New York State Department of Environmental Conservation.
3. (c) Distributor means any person who sells mercury-added consumer products to a retailer in New York State, including any manufacturer who sells to retailers in the State.
4. (d) Manufacturer means any person who manufactures mercury-added consumer products.

5. (e) Mercury-added consumer product means any device or material into which elemental mercury or mercury compounds are intentionally added during the device’s or material’s formulation or manufacture, and in which the continued presence of mercury is required to provide a specific characteristic, appearance or quality, or to perform a specific function. This term includes, but is not limited to, mercury-containing:

   1. (1) thermostats;
   2. (2) thermometers;
   3. (3) switches, whether individually or as part of another product;
   4. (4) medical or scientific instruments;
   5. (5) electrical relays and other electrical devices;
   6. (6) lamps; and
   7. (7) batteries sold to consumers, not including button batteries.
6. (f) Package means a container, vessel, covering, wrapping, box, or device in which a product is sold or offered for sale to a consumer.
7. (g) Person means any individual, public or private corporation, political subdivision, government agency or subdivision thereof, authority, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity whatsoever.
8. (h) Retailer means any person that sells or offers for sale new mercury-added consumer products in New York State through any means including, but not limited to, transactions conducted through retail sales outlets, mail, catalogs, the telephone, the internet, or any electronic means to consumers for purposes other than resale.

The following terms have the following meanings when used in this Subpart.