West Virginia Code 22-15A-24 – Covered manufacturers; prohibited sales; effective date
(a) This section, along with sections twenty-five, twenty-six, twenty-seven, twenty-eight and twenty-nine of this article apply to a manufacturer that manufactured an average of more than one thousand covered electronic devices per year in the three-year period immediately preceding the initial registration required in section twenty-five of this article.
Terms Used In West Virginia Code 22-15A-24
- Brand: means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product. See West Virginia Code 22-15A-2
- Covered electronic device: means a television, computer or video display device with a screen that is greater than four inches measured diagonally. See West Virginia Code 22-15A-2
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Manufacturer: means a person that is the brand owner of a covered electronic device or television sold or offered for sale in this state by any means, including transactions conducted through retail sales outlets, catalogs or the Internet. See West Virginia Code 22-15A-2
- Person: means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular. See West Virginia Code 22-15A-2
- Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-15A-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Television: means any telecommunication system device that can receive moving pictures and sound broadcast over a distance and includes a television tuner or a video display device peripheral to a computer in which the display contains a television tuner. See West Virginia Code 22-15A-2
(b) On or after July 1, 2009, a manufacturer may not sell or lease or offer for sale or lease to any person in the state a new covered electronic device or television unless:
(1) The covered electronic device is labeled with the name of the manufacturer or the manufacturer's brand label; and
(2) The manufacturer has registered with and submitted a registration fee to the secretary as provided in section twenty-five of this article.
(c) If a manufacturer is subject to the requirements of this section and sections twenty-five and twenty-six of this article, a retailer may not sell or lease or offer for sale or lease to any person in the state a new covered electronic device unless the manufacturer has complied with the requirements of this section and sections twenty-five and twenty-six of this article.