Rhode Island General Laws 23-90-8. Immunity
Each producer, retailer and the council shall be immune from liability for any claim of a violation of antitrust law, to the extent such producer or council is exercising authority pursuant to the provisions of this chapter, including but not limited to:
(1) The creation, implementation or management of a plan pursuant to § 23-90-5, and the types or quantities of used mattresses recycled or otherwise managed pursuant to a plan;
(2) The cost and structure of a plan; and
(3) The establishment, administration, collection or disbursement of the mattress stewardship fee associated with funding the implementation of the plan.
History of Section.
P.L. 2013, ch. 281, § 1; P.L. 2013, ch. 423, § 1.
Terms Used In Rhode Island General Laws 23-90-8
- council: means the organization created by producers to design, submit, and implement the mattress stewardship program described in § 23-90-5. See Rhode Island General Laws 23-90-3
- Mattress: includes any foundation, renovated foundation, or renovated mattress. See Rhode Island General Laws 23-90-3
- Producer: includes :
(i) The owner of a trademark or brand under which a mattress is sold, offered for sale, or distributed in this state, whether or not such trademark or brand is registered in this state; and
(ii) Any person who imports a mattress into the United States that is sold or offered for sale in this state and that is manufactured or renovated by a person who does not have a presence in the United States;
(18) "Recycling" means any process in which discarded mattresses, components, and by-products may lose their original identity or form as they are transformed into new, usable, or marketable materials. See Rhode Island General Laws 23-90-3
- Retailer: means any person who sells mattresses in this state or offers mattresses in this state to a consumer through any means, including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet. See Rhode Island General Laws 23-90-3