California Public Resources Code Section 42452

For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) Consumer means a purchaser or owner of a rechargeable battery. Consumer also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer. (b) Department means the Department of Toxic Substances Control. (c) Rechargeable battery means a small, nonvehicular, rechargeable nickel-cadmium, nickel metal hydride, lithium ion, or sealed lead-acid battery, or a battery pack containing these types of batteries. (d) Retailer means a person who makes a retail sale of a rechargeable battery to a consumer in this state, including a manufacturer of a rechargeable battery who sells that rechargeable battery directly to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means, but does not include a sale that is a wholesale transaction with a distributor or retailer. Retailer does not include a person who sells primarily food and is listed in the Progressive Marketing Grocers Guidebook. Retailer does not include a person who has less than one million dollars ($1,000,000) annually in gross sales. (e) (1) Sell or sale means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not include a wholesale transaction with a distributor or a retailer. (2) For purposes of this subdivision and subdivision (d), distributor means a person who sells a rechargeable battery to a retailer. (f) Used rechargeable battery means a rechargeable battery that has been previously used and is made available, by a consumer, for reuse, recycling, or proper disposal.