definitions

definitions Sec. 321. (a) For purposes of this part: (1) The term “consumer product” means any article (other than an automobile, as defined in section 501(1) of the Motor Vehicle Information and Cost Savings Act) of a type— (A) which in operation consumes, or is designed to consume, energy; and (B) which, to any significant extent, is distributed in commerce for personal use or consumption by individuals; without regard to whether such article of such type is in fact distributed in commerce for personal use or consumption by an individual. (2) The term “covered product” means a consumer product of a type specified in section 322. (3) The term “energy” means electricity, or fossil fuels. The Administrator may, by rule, include other fuels within the meaning of the term “energy” if he determines that such inclusion is necessary or appropriate to carry out the purposes of this Act. (4) The term “energy use” means the quantity of energy directly consumed by a consumer product at point of use, determined in accordance with test procedures under section 323. (5) The term “energy efficiency” means the ratio of the useful output of services from a consumer product to the energy use of such product, determined in accordance with test procedures under section 323. (6) The term “energy efficiency standard” means a performance standard— (A) which prescribes a minimum level of energy efficiency for a covered product, determined in accordance with test procedures prescribed under section 323, and (B) which includes any other requirements which the Administrator may prescribe under section 325(c). (7) The term “estimated annual operating cost” means the aggregate retail cost of the energy which is likely to be consumed annually in representative use of a consumer product, determined in accordance with section 323. (8) The term “measure of energy’ consumption” means energy use, energy efficiency, estimated annual operating cost, or other measure of energy consumption. (9) The term “class of covered products” means a group of covered products, the functions or intended uses of which are similar (as determined by the Administrator). (10) The term “manufacture” means to manufacture, produce, assemble or import. (11) The terms “import” and “importation” mean to import into the customs territory of the United States. (12) The term “manufacturer” means any person who manufactures a consumer product. (13) The term “retailer” means a person to whom a consumer product is delivered or sold, if such delivery or sale is for purposes of sale or distribution in commerce to purchasers who buy such product for purposes other than resale. 89 STAT. 918 (14) The term “distributor” means a person (other than a manufacturer or retailer) to whom a consumer product is delivered or sold for purposes of distribution in commerce. (15) (A) The term “private labeler” means an owner of a brand or trademark on the label of a consumer product which bears a private label. (B) A consumer product bears a private label if (i) such product (or its container) is labeled with the brand or trademark of a person other than a manufacturer of such product, (ii) the person with whose brand or trademark such product (or container) is labeled Las authorized or caused such product to be so labeled, and (iii) the brand or trademark of a manufacturer of such product does not appear on such label. (16) The terms “to distribute in commerce” and “distribution in commerce” mean to sell in commerce, to import, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. (17) The term “commerce” means trade, traffic, commerce, or transportation— (A) between a place in a State and any place outside thereof, or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (18) The term “Commission” means the Federal Trade Commission.