Code of the District of Columbia

§ 8–233.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell paint to retailers in the District.

(2) “Environmentally sound management practices” means procedures for the collection, storage, transportation, reuse, recycling, and disposal of paint, to be implemented by the producer, representative organization, or their contracted partners to ensure compliance with applicable federal and District laws and regulations and to protect human health and the environment. These procedures shall address adequate record keeping, tracking, and documenting the fate of materials, and adequate environmental liability coverage for professional services and for the contractors working on behalf of the producer or representative organization.

(3) “Paint” means interior and exterior architectural coatings sold in containers of 5 gallons or less and does not mean industrial, original equipment, or specialty coatings.

(4) “Paint stewardship assessment” means the amount added to the purchase price of paint sold in the District necessary to cover the paint stewardship program’s cost of collecting, transporting, and processing the postconsumer paint District-wide.

(5) “Postconsumer paint” means paint not used and no longer wanted by a purchaser.

(6) “Producer” means a manufacturer of paint who sells, offers for sale, or distributes that paint in the District under the producer’s own name or brand. The term “producer” does not include a retailer that adds tint, colorant, or other additives to paint at the retail location.

(7) “Recycling” means a process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of incineration or combustion of discarded products, components, and by-products with or without other waste products.

(8) “Representative organization” means a nonprofit organization created by producers to implement a paint stewardship plan required by § 8-233.02.

(9) “Retailer” means a person or entity that offers paint for sale at retail in the District.

(10) “Reuse” means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product’s identity.

(11) “Sell” or “sale” means any transfer of title for consideration including remote sales conducted through sales outlets, catalogs, or electronic means.