Terms Used In South Carolina Code > Title 48 > Chapter 60 - South Carolina Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act

• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
  
  (a) a practitioner (or, in his presence, by his authorized agent); or
  
  (b) the patient or research subject at the direction and in the presence of the practitioner. See South Carolina Code 44-53-110
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser, except that this term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual or lawful course of the carrier's or warehouseman's business. See South Carolina Code 44-53-110
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bureau: means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency. See South Carolina Code 44-53-110
• Cocaine base: means an alkaloidal cocaine or freebase form of cocaine, which is the end product of a chemical alteration whereby the cocaine in salt form is converted to a form suitable for smoking. See South Carolina Code 44-53-110
• collection: means to facilitate the delivery of a covered television device or covered computer monitor device to a collection site included in the manufacturer's program, and to transport the covered television device or covered computer monitor device for recovery. See South Carolina Code 48-60-20
• Collector: means a person who collects a covered television device or covered computer monitor device at any program collection site or one-day collection event and prepares them for transport. See South Carolina Code 48-60-20
• Computer manufacturer: means a person who:
  
  (a) manufactures a covered computer device under its own brand for sale or without affixing a brand;
  
  (b) sells in this State a covered computer device produced by another supplier under its own brand or label;
  
  (c) imports covered computer devices; provided, that if a company from which an importer purchases a covered computer device has a presence or assets in the United States, that company must be considered the manufacturer; or
  
  (d) manufactures a covered computer device, supplies a covered computer device to a person within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale of a covered device through that distribution network. See South Carolina Code 48-60-20
• Computer monitor manufacturer: means a person who:
  
  (a) manufactures a covered computer monitor device under its own brand for sale or without affixing a brand;
  
  (b) sells in this State a covered computer monitor device produced by another supplier under its own brand or label;
  
  (c) imports covered computer monitor devices; provided, that if a company from which an importer purchases a covered computer monitor device has a presence or assets in the United States, that company must be considered the manufacturer; or
  
  (d) manufactures a covered computer monitor device, supplies a covered computer monitor device to a person within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale of a covered device through that distribution network. See South Carolina Code 48-60-20
• Confidant: means a medical practitioner, a pharmacist, a pharmacologist, a psychologist, a psychiatrist, a full-time staff member of a college or university counseling bureau, a guidance counselor or a teacher in an elementary school or in a junior or senior high school, a full-time staff member of a hospital, a duly ordained and licensed member of the clergy, accredited Christian Science practitioner, or any professional or paraprofessional staff member of a drug treatment, education, rehabilitation, or referral center who has received a communication from a holder of the privilege. See South Carolina Code 44-53-110
• Consumer: means an occupant of a single-detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or home business use. See South Carolina Code 48-60-20
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a drug, substance, or immediate precursor in Schedules I through V in Sections 44-53-190, 44-53-210, 44-53-230, 44-53-250, and 44-53-270. See South Carolina Code 44-53-110
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Covered computer device: means a desktop, laptop or notebook computer, or a printing device marketed and intended for use by a consumer, but does not include a covered television device or covered computer monitor device. See South Carolina Code 48-60-20
• Covered computer monitor device: means an electronic device that is a cathode-ray tube or flat panel display primarily intended to display information from a computer and is used by a consumer. See South Carolina Code 48-60-20
• Covered devices: means a covered computer device, covered computer monitor device, and a covered television device marketed and intended for use by a consumer. See South Carolina Code 48-60-20
• Covered television device: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras marketed and intended for use by a consumer primarily for personal purposes. See South Carolina Code 48-60-20
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• delivery: means the actual, constructive, or attempted transfer of a controlled drug or paraphernalia whether or not there exists an agency relationship. See South Carolina Code 44-53-110
• Department: means the State Department of Health and Environmental Control. See South Carolina Code 44-53-110
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-60-20
• Dependent: A person dependent for support upon another.
• Desktop computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. See South Carolina Code 48-60-20
• Director: means the Director of the Department of Narcotics and Dangerous Drugs under the South Carolina Law Enforcement Division. See South Carolina Code 44-53-110
• Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for the delivery. See South Carolina Code 44-53-110
• Dispenser: means a practitioner who delivers a controlled substance to the ultimate user or research subject. See South Carolina Code 44-53-110
• Distribute: means to deliver (other than by administering or dispensing) a controlled substance. See South Carolina Code 44-53-110
• Distributor: means a person who so delivers a controlled substance. See South Carolina Code 44-53-110
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Drug: means a substance:
  
  (a) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
  
  (b) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man and animals;
  
  (c) other than food intended to affect the structure or any function of the body of man and animals; and
  
  (d) intended for use as a component of any substance specified in subitem (a), (b), or (c) of this paragraph but does not include devices or their components, parts, or accessories. See South Carolina Code 44-53-110
• Drug problem: means a mental or physical problem caused by the use or abuse of a controlled substance. See South Carolina Code 44-53-110
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Holder of the privilege: means a person with an existing or a potential drug problem who seeks counseling, treatment, or therapy regarding such drug problem. See South Carolina Code 44-53-110
• Hospital: means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law. See South Carolina Code 44-43-910
• Immediate precursor: means a substance which the appropriate federal agency or the department has found to be and by regulation has designated as being, or can be proven by expert testimony as being, the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, or is a reagent, solvent, or catalyst used in the manufacture of controlled substances, the control of which is necessary to prevent, curtail, or limit such manufacture. See South Carolina Code 44-53-110
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for his own use or the preparation, compounding, packaging, or labeling of a controlled substance:
  
  (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
  
  (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale. See South Carolina Code 44-53-110
• Manufacturer: means any person who packages, repackages, or labels any container of any controlled substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer. See South Carolina Code 44-53-110
• Manufacturer clearinghouse: means an entity that prepares and submits a manufacturer electronic waste program plan to the department, and oversees the manufacturer electronic waste program, on behalf of a group of two or more manufacturers cooperating with one another to collectively establish and operate an electronic waste program for the purpose of complying with this chapter and that collectively represent at least fifty-one percent of the manufacturers' total obligations pursuant to this chapter for a program year. See South Carolina Code 48-60-20
• Manufacturer electronic waste program: means any program established, financed, and operated by a manufacturer, individually or collectively as part of a manufacturer clearinghouse, to transport and subsequently recycle, in accordance with the requirements of this act, covered televisions and computer monitor devices collected at program collection sites and one-day collection events. See South Carolina Code 48-60-20
• Marijuana: means :
  
  (i) all species or variety of the marijuana plant and all parts thereof whether growing or not;
  
  (ii) the seeds of the marijuana plant;
  
  (iii) the resin extracted from any part of the marijuana plant; or
  
  (iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin. See South Carolina Code 44-53-110
• Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  
  (a) opium, coca leaves, and opiates;
  
  (b) a compound, manufacture, salt, derivative or preparation of opium, coca leaves, or opiates;
  
  (c) a substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subitem (a) or (b). See South Carolina Code 44-53-110
• Noncontrolled substance: means any substance of chemical or natural origin which is not included in the schedules of controlled substances set forth in this article or included in the federal schedules of controlled substances set forth in Title 21, Section 812 of the United States Code or in Title 21, Part 1308 of the Code of Federal Regulations. See South Carolina Code 44-53-110
• Notebook computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. See South Carolina Code 48-60-20
• One-day collection event: means a one-day event used as a substitute for a program collection site pursuant to § 48-60-56. See South Carolina Code 48-60-20
• Opium poppy: means the plant of the species Papaver somniferum L. See South Carolina Code 44-53-110
• Organ and Tissue Procurement Organization: means the organ procurement organization designated to perform organ recovery services in South Carolina by the United States Department of Health and Human Services which also has the capability to procure tissue. See South Carolina Code 44-43-910
• Paraphernalia: means any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance and does not include cigarette papers and tobacco pipes but includes, but is not limited to:
  
  (a) metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
  
  (b) water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or cocaine;
  
  (c) carburetion tubes and devices;
  
  (d) smoking and carburetion masks;
  
  (e) roach clips;
  
  (f) separation gins designed for use or intended for use in cleaning marijuana;
  
  (g) cocaine spoons and vials;
  
  (h) chamber pipes;
  
  (i) carburetor pipes;
  
  (j) electric pipes;
  
  (k) air-driven pipes;
  
  (l) chilams;
  
  (m) bongs;
  
  (n) ice pipes or chillers. See South Carolina Code 44-53-110
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, business entity, partnership, limited liability company, corporation, not-for-profit corporation, association, government entity, public benefit corporation, or public authority. See South Carolina Code 48-60-20
• Practitioner: means :
  
  (a) a physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State;
  
  (b) a pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this State. See South Carolina Code 44-53-110
• Printing device: means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service from a residence that are designed to reside on a work surface, and include various print technologies including, without limitation, laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multifunction" or "all-in-one" devices that perform different tasks including, without limitation, copying, scanning, faxing, and printing. See South Carolina Code 48-60-20
• Production: includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See South Carolina Code 44-53-110
• Program collection site: means a physical location that is included in a manufacturer electronic waste program and at which covered television devices or covered computer monitor devices are collected and prepared for transport by a collector during a program year in accordance with the requirements of this chapter. See South Carolina Code 48-60-20
• Program year: means the calendar year. See South Carolina Code 48-60-20
• Quorum: The number of legislators that must be present to do business.
• Recover: means to reuse or recycle. See South Carolina Code 48-60-20
• Recoverer: means a person that reuses or recycles a covered device. See South Carolina Code 48-60-20
• Retail collection site: means a private sector collection site operated by a retailer collecting on behalf of a manufacturer. See South Carolina Code 48-60-20
• Retail sale: means the sale of a new product through a sales outlet, the Internet, mail order, or otherwise, whether or not the seller has a physical presence in this State. See South Carolina Code 48-60-20
• Retailer: means a person engaged in retail sales. See South Carolina Code 48-60-20
• sell: means a transfer for consideration of title including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not mean leases. See South Carolina Code 48-60-20
• Tablet computer: means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. See South Carolina Code 48-60-20
• Television: means an electronic device that contains a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally and is intended to receive video programming via broadcast, cable, satellite, Internet, or other mode of video transmission or to receive video from surveillance or other similar cameras. See South Carolina Code 48-60-20
• Television manufacturer: means a person who:
  
  (a) manufactures covered television devices under a brand that it licenses or owns for sale in this State;
  
  (b) manufactures covered television devices without affixing a brand for sale in this State;
  
  (c) resells into this State a covered television device under a brand it owns or licenses produced by other suppliers, including retail establishments that sell covered television devices under a brand the retailer owns or licenses;
  
  (d) imports covered television devices; provided, that if a company from which an importer purchases a covered device has a presence or assets in the United States, that company must be considered the manufacturer;
  
  (e) manufactures covered television devices, supplies them to a person or persons within a distribution network that includes wholesalers or retailers in this State and benefits from the sale in this State of those covered television devices through the distribution network; or
  
  (f) assumes the responsibilities and obligations of a television manufacturer pursuant to this chapter. See South Carolina Code 48-60-20
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Ultimate user: means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administration to an animal owned by him or a member of his household. See South Carolina Code 44-53-110