42 U.S.C. § 6302 | Prohibited acts

(a)

In general

It shall be unlawful—

(1)

section 6294 of this title for any manufacturer or private labeler to distribute in commerce any new covered product to which a rule under applies, unless such covered product is labeled in accordance with such rule;

(2)

section 6294 of this title for any manufacturer, distributor, retailer, or private labeler to remove from any new covered product or render illegible any label required to be provided with such product under a rule under ;

(3)

for any manufacturer to fail to permit access to, or copying of, records required to be supplied under this part, or fail to make reports or provide other information required to be supplied under this part;

(4)

for any person to fail to comply with an applicable requirement of section 6296(a), (b)(2), (b)(3), or (b)(5) of this title;

(5)

for any manufacturer or private labeler to distribute in commerce any new covered product which is not in conformity with an applicable energy conservation standard established in or prescribed under this part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard;

(6)

for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product;

(7)

for any manufacturer, distributor, retailer, or private labeler to distribute in commerce an adapter that—

(A)

is designed to allow an incandescent lamp that does not have a medium screw base to be installed into a fixture or lampholder with a medium screw base socket; and

(B)

is capable of being operated at a voltage range at least partially within 110 and 130 volts; or

(8)

for any person—

(A)

to activate an activation lock for a grid-enabled water heater with knowledge that such water heater is not used as part of an electric thermal storage or demand response program;

(B)

to distribute an activation key for a grid-enabled water heater with knowledge that such activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program;

(C)

to otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; or

(D)

section 6295(e)(6)(A)(ii)(V) of this title to knowingly remove or render illegible the label of a grid-enabled water heater described in .

(b)

“New covered product” defined

For purposes of this section, the term “new covered product” means a covered product the title of which has not passed to a purchaser who buys such product for purposes other than (1) reselling such product, or (2) leasing such product for a period in excess of one year.

Pub. L. 94–163, title III, § 332Dec. 22, 197589 Stat. 928 Pub. L. 100–12, § 11(a)(3)Mar. 17, 1987101 Stat. 125 Pub. L. 110–140, title IIIDec. 19, 2007121 Stat. 1559 Pub. L. 114–11, title II, § 201(2)Apr. 30, 2015129 Stat. 188(, , ; , (b)(5), , ; , §§ 306(b), 321(e), , , 1586; , , .)

Editorial Notes

Amendments

Pub. L. 114–112015—Subsec. (a)(6) to (8). redesignated par. (6) relating to prohibition of distribution in commerce of certain adapters as (7) and added par. (8).

Pub. L. 110–140, § 321(e)(1)Pub. L. 110–140, § 306(b)(1)2007—Subsec. (a)(4). , which directed the striking out of “or” after semicolon at end, could not be executed after amendment by . See below.

Pub. L. 110–140, § 306(b)(1), struck out “or” after semicolon at end.

Pub. L. 110–140, § 321(e)(2)Pub. L. 110–140, § 306(b)(2)Subsec. (a)(5). , which directed substitution of “; or” for period at end, could not be executed after amendment by . See below.

Pub. L. 110–140, § 306(b)(2), substituted “part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard; or” for “part.”

Pub. L. 110–140, § 321(e)(3)Subsec. (a)(6). , added par. (6) relating to prohibition of distribution in commerce of certain adapters.

Pub. L. 110–140, § 306(b)(3), added par. (6) relating to sale of a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates a regional standard.

Pub. L. 100–12, § 11(b)(5)(A)1987—Subsec. (a). , inserted heading.

Pub. L. 100–12, § 11(a)(3)Subsec. (a)(5). , substituted “energy conservation standard established in or prescribed under” for “energy efficiency standard prescribed under”.

Pub. L. 100–12, § 11(b)(5)(B)Subsec. (b). , inserted heading.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Pub. L. 110–140Dec. 19, 2007section 1601 of Pub. L. 110–140 section 1824 of Title 2Amendment by effective on the date that is 1 day after , see , set out as an Effective Date note under , The Congress.