New York Consolidated Laws, Environmental Conservation Law - ENV § 27-2901. Definitions

1. “Collection program” means a system for the collection, transportation, recycling, and disposal of out-of-service mercury thermostats that is financed and managed or provided by a thermostat manufacturer individually or collectively with other thermostat manufacturers in accordance with this section.

2. “Mercury thermostat” means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilation, or air-conditioning equipment and includes thermostats used to sense and control room temperature in residential, commercial, industrial and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

3. “Out-of-service mercury thermostat” means a mercury thermostat that is removed, replaced or otherwise taken out of service.

4. “Qualified contractor” means a person engaged in the business of installation, service or removal of heating, ventilation, and air-conditioning components who employs seven or more service technicians or installers.

5. “Qualified local government authorities” means any municipal corporation or planning unit as defined in section 27-0107 of this article, or county departments of health.

6. “Thermostat manufacturer” means a person who owns or owned a name brand of one or more mercury thermostats sold in the state.

7. “Thermostat retailer” means a person who sells thermostats of any kind primarily to homeowners or other nonprofessionals through any sale or distribution mechanism including sales using the internet or catalogs.

8. “Thermostat wholesaler” means a person who is engaged in the distribution and wholesale selling of heating, ventilation or air-conditioning components, including thermostats, to contractors, and whose total wholesale sales account for eighty percent or more of its total sales. A thermostat manufacturer is not, by virtue of manufacturing, a thermostat wholesaler.