PRODUCER: A “producer” means a person that:

(a) Has or had legal ownership of the brand, brand name, or co-brand of a mercury-containing light sold in or into Washington state unless the brand owner is a retailer whose mercury-containing light was supplied by another producer participating in a stewardship program under this chapter;

(b) Imports or has imported mercury-containing lights branded by a producer that meets the requirements of (a) of this definition and where that producer has no physical presence in the United States;

(c) If (a) and (b) of this definition do not apply, makes or made a mercury-containing light that is offered for sale or sold in or into Washington state; or

(d) Sells or sold at wholesale or retail a mercury-containing light and does not have legal ownership of the brand and elects to fulfill the responsibilities of the producer for that product.

This program is funded through an Environmental Handling Charge (EHC) that is added to the price of each mercury-containing light sold at retail in Washington State.

RETAILER: A "retailer" means a person who offers mercury-containing lights for sale at retail through any means including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet, but does not include a sale that is a wholesale transaction with a distributor or a retailer.