Section 25-15-603 - Definitions - repealAs used in this part 6, unless the context otherwise requires:
(1) "Adult mattress" means a mattress product that is not a crib or a toddler mattress.(1.5) "Apparel" means: (a) Clothing items intended for regular wear or formal occasions, including athletic wear, bibs, bodysuits, costumes, dancewear, diapers, dresses, everyday swimwear, everyday work uniforms, footwear, formal wear, leggings, leisurewear, onesies, overalls, pants, saris, scarves, school uniforms, shirts, skirts, sports uniforms, suits, tops, undergarments, and vests; and(1.7)(a) "Automotive cleaning product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle, including products for washing, waxing, polishing, cleaning, or treating the exterior or interior surfaces of motor vehicles.(b) "Automotive cleaning product" does not include automotive paint or paint repair products.(2) "Carpet or rug" means a fabric product marketed or intended for use as a floor covering in households or businesses.(2.5)(a) "Cleaning product" means a finished product used primarily for domestic, commercial, or institutional cleaning purposes.(b) "Cleaning product" includes an air care product, an automotive Cleaning product, a general cleaning product, and a polish or floor maintenance product.(3) "Consumer" means the end user of a product.(4)(a) "Cookware" means a durable houseware product that is used in residences or kitchens to prepare, dispense, or store food or beverages.(b) "Cookware" includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.(c) "Cookware" does not include food equipment intended primarily for use in commercial settings, including food equipment sold to a business that has a retail food establishment license.(5)(a) "Cosmetic" means a product that is intended to be rubbed or introduced into; poured, sprinkled, or sprayed on; or otherwise applied to the human body for cleaning, cleansing, beautifying, promoting attractiveness, or altering the appearance.(b) "Cosmetic" includes a skin moisturizer, perfume, lipstick, nail polish, eye or facial makeup preparation, shampoo, conditioner, permanent wave, hair dye, and deodorant.(c) "Cosmetic" does not include a product that requires a prescription for distribution or dispensation.(d)(I) "Cosmetic" does not include hydrofluoroolefins used as propellants in cosmetics.(II) This subsection (5)(d) is repealed, effective January 1, 2027.(6)[Repealed by 2024 amendment.] (7) "Drilling fluid" means a fluid that is circulated into the borehole of a well to lubricate and cool the drill bit.(8)[Repealed by 2024 amendment.] (9)(a) "Fabric treatment" means a product applied to fabric to give the fabric one or more characteristics, including stain resistance and water resistance.(b)(I) "Fabric treatment" does not include hydrofluoroolefins used as propellants in fabric treatments.(II) This subsection (9)(b) is repealed, effective January 1, 2027.(10) "Food package" or "food packaging" means a package or packaging component used in direct contact with food and that is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers.(11) "Hydraulic fracturing fluid" means the fluid, including the applicable base fluid and any additives, injected into an oil or gas well to perform hydraulic fracturing operations.(12)(a) "Intentionally added PFAS chemicals" means PFAS chemicals that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.(b) "Intentionally added PFAS chemicals" includes PFAS chemicals that are intentional breakdown products of an added chemical.(13)(a) "Juvenile product" means a product designed for use by infants or children under twelve years of age.(b) "Juvenile product" includes:(I) Bassinets and other bedside sleepers;(II) Booster seats, car seats, and other child restraint systems;(V) Crib or toddler mattresses;(VII) Highchairs and highchair pads;(X) Infant or toddler foam pillows;(XII) Infant sleep positioners;(XIV) Infant travel beds;(XVII) Nursing pads and pillows;(XXI) Polyurethane foam mats, pads, or pillows;(XXII) Portable foam nap mats;(XXIII) Portable infant sleepers and hook-on chairs;(XXIV) Soft-sided portable cribs; and(c) "Juvenile product" does not include: (I) Electronic products, including: (A) Personal computers and any associated equipment;(B) Audio and video equipment;(F) Handheld devices incorporating a video screen; and(G) Any associated peripheral device such as a mouse, keyboard, power supply unit, or power cord;(II) An internal component of a juvenile product that would not come into direct contact with a child's skin or mouth during reasonably foreseeable use and abuse of the product; or(14)(a) "Manufacturer" means the person that manufactures or assembles a product or whose brand name is affixed to a product.(b) "Manufacturer" includes, if a product is imported into the United States and the manufacturer does not have a presence in the United States, the importer or first domestic distributor of the product.(15) "Oil and gas operations" has the meaning set forth in section 34-60-103 (6.5).(16) "Oil and gas products" means hydraulic fracturing fluids, drilling fluids, and proppants.(16.5)(a) "Outdoor apparel" means apparel intended primarily for use in outdoor activities, including bicycling, camping, climbing, fishing, hiking, and skiing.(b) "Outdoor apparel" does not include outdoor apparel for severe wet conditions.(16.7)(a) "Outdoor apparel for severe wet conditions" means outdoor apparel that is:(I) An extreme and extended use product that provides protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions, such as snow conditions, in order to protect the health and safety of the user;(II) Designed for use by outdoor sports experts; and(III) Not marketed for general consumer use.(b) "Outdoor apparel for severe wet conditions" includes outerwear intended for use in offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.(c) "Outdoor apparel for severe wet conditions" does not include personal flotation devices made for the health and safety of the user.(17) "Package" means material that is intended or used to contain, protect, handle, deliver, or present a product.(18) "Packaging component" means an individual part of a package, including interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels.(19) "PFAS chemicals" has the meaning set forth in section 25-5-1302 (7).(20)(a) "Product" means an item that is manufactured, assembled, or otherwise prepared for sale or distribution to consumers and that is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products.(b) "Product" includes any product components.(c) "Product" does not include:(I) Drugs, medical devices, biologics, or diagnostics used in a medical setting or in medical applications regulated by the federal food and drug administration; (II) Veterinary pesticide and parasiticide products approved by the federal environmental protection agency or the federal department of agriculture for use in animals; (II.5) Biologics or diagnostics approved by the federal department of agriculture for use in a veterinary setting or in veterinary applications; or(III) Packaging used for the products described in subsections (20)(c)(I), (20)(c)(II), or (20)(c)(II.5) of this section.(d) "Product" does not include a used product offered for sale or resale.(21) "Product category" means a class or division of products that share related characteristics.(22) "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component.(23) "Proppants" means materials that are inserted or injected into an underground geologic formation during oil and gas operations in order to prevent fractures from closing.(23.5) "Ski wax" means a lubricant applied to the bottom of snow runners, including skis and snowboards, to improve the grip or glide properties of the snow runners.(24)(a) "Textile" means any product made in whole or in part from a natural or synthetic fiber, yarn, or fabric.(b) "Textile" includes leather, cotton, silk, jute, hemp, wool, nylon, and polyester.(c) "Textile" does not include textiles used in medical, professional, or industrial settings.(24.5)(a) "Textile article" means a textile that is primarily used in households and businesses.(b) "Textile article" includes accessories, Apparel, backpacks, and handbags.(c) "Textile article" does not include: (I) Outdoor apparel for severe wet conditions;(II) Outdoor textile furnishings;(III) Outdoor upholstered furniture; and(IV) Textile articles used in medical, professional, or industrial settings.(25)(a) "Textile furnishings" means textiles of a type customarily used in households and businesses, including draperies, floor coverings, furnishings, bedding, towels, and tablecloths.(b) "Textile furnishings" does not include textile furnishings used in medical, professional, or industrial settings.(26) "Upholstered furniture" means any article of furniture that is:(a) Designed for sitting, resting, or reclining; and(b) Wholly or partially stuffed with filling material.Amended by 2024 Ch. 147,§ 3, eff. 5/1/2024.Added by 2022 Ch. 338, § 1, eff. 6/3/2022.