                                 CODE OF VIRGINIA

DEFINITIONS (§ 10.1-1414)

As used in this article, unless the context requires a different meaning:
		&#8220;Advisory Board&#8221; means the Litter Control and Recycling Fund
Advisory Board.
		&#8220;Beneficial use&#8221; means a use that is of benefit as a substitute
for natural or commercial products and does not contribute to adverse effects on
health or the environment. Beneficial use products are produced by facilities
that include beneficiation facilities and recycling centers.
		&#8220;Beneficiation facility&#8221; means a facility that uses methods
including sorting by color, removal of contaminants, crushing, grinding,
screening, grading, and monitoring of size and quality to produce clean, crushed
glass cullet that satisfies the specifications of the end user of the cullet,
including a manufacturer of glass containers or fiberglass.
		&#8220;Disposable package&#8221; or &#8220;container&#8221; means all packages
or containers intended or used to contain solids, liquids or materials and so
designated.
		&#8220;Expanded polystyrene food service container&#8221; means a rigid
single-use container made primarily of expanded polystyrene and used in the
restaurant and food service industry for serving or transporting prepared,
ready-to-consume food or beverages. &#8220;Expanded polystyrene food service
container&#8221; includes plates, cups, bowls, trays, and hinged containers but
does not include packaging for unprepared foods or packaging, including a
cooler, used in the shipment of food.
		&#8220;Food vendor&#8221; means an establishment that provides prepared food
for public consumption on or off its premises and includes a store, shop, sales
outlet, restaurant, grocery store, supermarket, delicatessen, or catering truck
or vehicle; any other person who provides prepared food; and any individual,
organization, group, or state or local government entity that regularly provides
food as a part of its services.
		&#8220;Fund&#8221; means the Litter Control and Recycling Fund.
		&#8220;Litter&#8221; means all waste material disposable packages or
containers but not including the wastes of the primary processes of mining,
logging, sawmilling, farming, or manufacturing.
		&#8220;Litter bag&#8221; means a bag, sack, or durable material which is large
enough to serve as a receptacle for litter inside a vehicle or watercraft which
is similar in size and capacity to a state approved litter bag.
		&#8220;Litter receptacle&#8221; means containers acceptable to the Department
for the depositing of litter.
		&#8220;Person&#8221; means any natural person, corporation, association, firm,
receiver, guardian, trustee, executor, administrator, fiduciary, or
representative or group of individuals or entities of any kind.
		&#8220;Prepared food&#8221; means a food or beverage prepared for consumption
on or off a food vendor&#8217;s premises, using any cooking or food preparation
technique. &#8220;Prepared food&#8221; does not include raw or uncooked meat,
fish, or eggs provided without further food preparation.
		&#8220;Public place&#8221; means any area that is used or held out for use by
the public, whether owned or operated by public or private interests.
		&#8220;Recycling&#8221; means the process of separating a given waste material
from the waste stream and processing it so that it may be used again as a raw
material for a product which may or may not be similar to the original product.
		&#8220;Recycling center&#8221; means a facility that (i) accepts recyclable
materials that have already been separated at the source from municipal solid
waste generated by either residential or commercial producers; (ii) processes
source segregated recyclable materials, including mixed-paper fiber materials,
metal and plastic postconsumer containers, and glass containers; and (iii)
processes and sells recyclable materials according to end-user specifications.
&#8220;Recycling center&#8221; does not include a facility for construction and
demolition debris processing, sorting of municipal solid waste, incineration,
sorting or processing of industrial waste, composting, or used tire processing.
		&#8220;Sold within the Commonwealth&#8221; or &#8220;sales of the business
within the Commonwealth&#8221; means all sales of retailers engaged in business
within the Commonwealth and in the case of manufacturers and wholesalers, sales
of products for use and consumption within the Commonwealth.
		&#8220;Vehicle&#8221; includes every device capable of being moved upon a
public highway and in, upon, or by which any person or property may be
transported upon a public highway, except devices moved by human power or used
exclusively upon stationary rails or tracks.
		&#8220;Watercraft&#8221; means any boat, ship, vessel, barge, or other
floating craft.

HISTORY: 1987, c. 234, § 10-277.1; 1988, c. 891; 1995, c. 417; 2018, c. 615;
2021, Sp. Sess. I, c. 262.