Section 16-403. Definitions

When used in this chapter:
    a.  "Battery  manufacturer"  means  every  person, firm or corporation
  that:  (i) produces rechargeable batteries sold or  distributed  in  the
  city of New York, or packages such batteries for sale in the city of New
  York,  except  that if such production or packaging is for a distributor
  having the right to produce or otherwise  package  that  same  brand  of
  battery  in  the city of New York, then such distributor shall be deemed
  to be the battery manufacturer; or (ii) imports  rechargeable  batteries
  into  the  United States that are sold or distributed in the city of New
  York.
    b. "Consumer" means any person who purchases one or more  rechargeable
  batteries,  or  products  containing such batteries at the time of sale,
  for personal use.
    c. "Place of business" means the location at which a retailer sells or
  offers for  sale  to  consumers,  rechargeable  batteries,  or  products
  containing such batteries at the time of sale.
    d.  "Rechargeable  battery"  means  any  rechargeable  nickel-cadmium,
  sealed lead, lithium ion, nickel metal hydride  battery,  or  any  other
  such  dry  cell  battery  capable  of being recharged weighing less than
  twenty-five pounds, or battery  packs  containing  such  batteries,  but
  shall  not include a battery used as the principal electric power source
  for a vehicle, such as, but not limited to, an automobile, boat,  truck,
  tractor,  golf  cart or wheelchair, for storage of electricity generated
  by an alternative power source, such as solar or wind-driven generators,
  or for memory backup in an electronic device.
    e. "Retailer" means a person, firm or corporation that engages in  the
  sale  of  rechargeable batteries, or products containing such batteries,
  to a consumer in the city of New York, including, but  not  limited  to,
  transactions   conducted  through  sales  outlets,  catalogs,  by  mail,
  telephone or the internet. For the purposes  of  this  section  retailer
  shall not include a "food store".
    f. "Food Store" means a store selling primarily food and food products
  for  consumption  or use off the premises that occupies less than 14,000
  square feet of display space.