Section text and notes
Prescription by Secretary
section 6314 of this titleIf the Secretary has prescribed test procedures under for any class of covered equipment, he shall prescribe a labeling rule applicable to such class of covered equipment in accordance with the following provisions of this section.
Disclosure of energy efficiency of articles of covered equipment
section 6314 of this titlesection 6314 of this titleA labeling rule prescribed in accordance with this section shall require that each article of covered equipment which is in the type (or class) of industrial equipment to which such rule applies, discloses by label, the energy efficiency of such article, determined in accordance with test procedures under . Such rule may also require that such disclosure include the estimated operating costs and energy use, determined in accordance with test procedures under .
Inclusion of requirements
Labeling rules applicable to electric motors
Labeling rules for air conditioning and heating equipment
Consultation with Federal Trade Commission
Before prescribing any labeling rules for a type (or class) of covered equipment, the Secretary shall consult with, and obtain the written views of, the Federal Trade Commission with respect to such rules. The Federal Trade Commission shall promptly provide such written views upon the request of the Secretary.
Publication in Federal Register; presentment of oral and written data, views, and arguments of interested persons
Restrictions on Secretary’s authority to promulgate rules
Tests for accuracy of information contained on labels
When requested by the Secretary, any manufacturer of industrial equipment to which a rule under this section applies shall supply at the manufacturer’s expense a reasonable number of articles of such covered equipment to any laboratory or testing facility designated by the Secretary, or permit representatives of such laboratory or facility to test such equipment at the site where it is located, for purposes of ascertaining whether the information set out on the label, or otherwise required to be disclosed, as required under this section, is accurate. Any reasonable charge levied by the laboratory or facility for such testing shall be borne by the United States, if and to the extent provided in appropriations Acts.
Products completed prior to effective date of rules
A labeling rule under this section shall not apply to any article of covered equipment the manufacture of which was completed before the effective date of such rule.
Labeling authority under Federal Trade Commission Act
15 U.S.C. 41Until such time as labeling rules under this section take effect with respect to a type (or class) of covered equipment, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [ et seq.] to require labeling with respect to energy consumption of such type (or class) of covered equipment.
Pub. L. 94–163, title III, § 344Pub. L. 95–619, title IV, § 441(a)92 Stat. 3271 Pub. L. 102–486, title I, § 122(c)106 Stat. 2809 Pub. L. 109–58, title I, § 136(g)119 Stat. 643 Pub. L. 110–140, title III, § 312(d)121 Stat. 1567 (, as added , , ; amended , , ; , , ; , , .)
Editorial Notes
References in Text
act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of Title 15The Federal Trade Commission Act, referred to in subsec. (k), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 110–1402007—Subsec. (e). inserted “walk-in coolers and walk-in freezers,” after “commercial clothes washers,” in two places in introductory provisions.
Pub. L. 109–582005—Subsec. (e). inserted “very large commercial package air conditioning and heating equipment, commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers,” after “large commercial package air conditioning and heating equipment,” in two places in introductory provisions.
Pub. L. 102–486, § 122(c)(1)1992—Subsec. (a). , substituted “shall prescribe” for “may prescribe”.
Pub. L. 102–486, § 122(c)(2)Subsec. (c). , substituted “shall include” for “may include”.
Pub. L. 102–486, § 122(c)(3)Subsecs. (d) to (k). , (4), added subsecs. (d) and (e) and redesignated former subsecs. (d) to (i) as (f) to (k), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Pub. L. 110–140section 1601 of Pub. L. 110–140section 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.