The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Department.” The Department of Environmental Protection of the Commonwealth.

“Manufacturer.” The owner of a brand name on a thermostat.

“Mercury thermostat.” A product or device that contains mercury or a mercury compound and is used to sense and control room temperature through communication with heating, ventilating or air-conditioning equipment. The term does not include such products or devices used to sense and control temperature as part of a manufacturing process.

“Retailer.” A business that sells thermostats of any kind directly to homeowners, other nonprofessionals or contractors through any selling or distribution mechanism, including, but not limited to, sales using the Internet or catalogs. A retailer may also be a wholesaler if the retailer meets the definition of wholesaler.

“Wholesaler.” A business that the Department of Environmental Protection determines is primarily engaged in the distribution and wholesale selling of large quantities of heating, ventilation and air conditioning components to contractors who install heating, ventilation and air conditioning components.