
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6294]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6294. Labeling


(a) In general

    (1) The Commission shall prescribe labeling rules under this section 
applicable to all covered products of each of the types specified in 
paragraphs (1), (2), (4), (6), and (8) through (12) of section 6292(a) 
of this title, except to the extent that, with respect to any such type 
(or class thereof), the Commission determines under the second sentence 
of subsection (b)(5) of this section that labeling in accordance with 
this section is not technologically or economically feasible.
    (2)(A) The Commission shall prescribe labeling rules under this 
section applicable to all covered products of each of the types 
specified in paragraphs (3), (5), and (7) of section 6292(a) of this 
title, except to the extent that with respect to any such type (or class 
thereof), the Commission determines under the second sentence of 
subsection (b)(5) of this section that labeling in accordance with this 
section is not technologically or economically feasible or is not likely 
to assist consumers in making purchasing decisions.
    (B) The Commission shall prescribe labeling rules under this section 
applicable to the covered product specified in paragraph (13) of section 
6292(a) of this title and to which standards are applicable under 
section 6295 of this title. Such rules shall provide that the labeling 
of any fluorescent lamp ballast manufactured on or after January 1, 
1990, will indicate conspicuously, in a manner prescribed by the 
Commission under subsection (b) of this section by July 1, 1989, a 
capital letter ``E'' printed within a circle on the ballast and on the 
packaging of the ballast or of the luminaire into which the ballast has 
been incorporated.
    (C)(i) Not later than 18 months after October 24, 1992, the 
Commission shall prescribe labeling rules under this section applicable 
to general service fluorescent lamps, medium base compact fluorescent 
lamps, and general service incandescent lamps. Except as provided in 
clause (ii), such rules shall provide that the labeling of any general 
service fluorescent lamp, medium base compact fluorescent lamp, and 
general service incandescent lamp manufactured after the 12-month period 
beginning on the date of the publication of such rule shall indicate 
conspicuously on the packaging of the lamp, in a manner prescribed by 
the Commission under subsection (b) of this section, such information as 
the Commission deems necessary to enable consumers to select the most 
energy efficient lamps which meet their requirements. Labeling 
information for incandescent lamps shall be based on performance when 
operated at 120 volts input, regardless of the rated lamp voltage.
    (ii) If the Secretary determines that compliance with the standards 
specified in section 6295(i) of this title for any lamp will result in 
the discontinuance of the manufacture of such lamp, the Commission may 
exempt such lamp from the labeling rules prescribed under clause (i).
    (D)(i) Not later than one year after October 24, 1992, the 
Commission shall prescribe labeling rules under this section for 
showerheads and faucets to which standards are applicable under 
subsection (j) of section 6295 of this title. Such rules shall provide 
that the labeling of any showerhead or faucet manufactured after the 12-
month period beginning on the date of the publication of such rule shall 
be consistent with the marking and labeling requirements of ASME 
A112.18.1M-1989, except that each showerhead and flow restricting or 
controlling spout-end device shall bear a permanent legible marking 
indicating the flow rate, expressed in gallons per minute (gpm) or 
gallons per cycle (gpc), and the flow rate value shall be the actual 
flow rate or the maximum flow rate specified by the standards 
established in subsection (j) of section 6295 of this title.
    (ii) If the marking and labeling requirements of ASME A112.18.1M-
1989 are revised at any time and approved by ANSI, the Commission shall 
amend the labeling rules established pursuant to clause (i) to be 
consistent with such revised ASME/ANSI requirements unless such 
requirements are inconsistent with the purposes of this chapter or the 
requirement specified in clause (i) requiring each showerhead and flow 
restricting or controlling spout-end device to bear a permanent legible 
marking indicating the flow rate of such product.
    (E)(i) Not later than one year after October 24, 1992, the 
Commission shall prescribe labeling rules under this section for water 
closets and urinals to which standards are applicable under subsection 
(k) of section 6295 of this title. Such rules shall provide that the 
labeling of any water closet or urinal manufactured after the 12-month 
period beginning on the date of the publication of such rule shall be 
consistent with the marking and labeling requirements of ASME 
A112.19.2M-1990, except that each fixture (and flushometer valve 
associated with such fixture) shall bear a permanent legible marking 
indicating the water use, expressed in gallons per flush (gpf), and the 
water use value shall be the actual water use or the maximum water use 
specified by the standards established in subsection (k) of section 6295 
of this title.
    (ii) If the marking and labeling requirements of ASME A112.19.2M-
1990 are revised at any time and approved by ANSI, the Commission shall 
amend the labeling rules established pursuant to clause (i) to be 
consistent with such revised ASME/ANSI requirements unless such 
requirements are inconsistent with the purposes of this chapter or the 
requirement specified in clause (i) requiring each fixture and 
flushometer valve to bear a permanent legible marking indicating the 
water use of such fixture or flushometer valve.
    (iii) Any labeling rules prescribed under this subparagraph before 
January 1, 1997, shall provide that, with respect to any gravity tank-
type white 2-piece toilet which has a water use greater than 1.6 gallons 
per flush (gpf), any printed matter distributed or displayed in 
connection with such product (including packaging and point of sale 
material, catalog material, and print advertising) shall include, in a 
conspicuous manner, the words ``For Commercial Use Only''.
    (3) The Commission may prescribe a labeling rule under this section 
applicable to covered products of a type specified in paragraph (19) of 
section 6292(a) of this title (or a class thereof) if--
        (A) the Commission or the Secretary has made a determination 
    with respect to such type (or class thereof) that labeling in 
    accordance with this section will assist purchasers in making 
    purchasing decisions,
        (B) the Secretary has prescribed test procedures under section 
    6293(b)(1)(B) of this title for such type (or class thereof), and
        (C) the Commission determines with respect to such type (or 
    class thereof) that application of labeling rules under this section 
    to such type (or class thereof) is economically and technologically 
    feasible.

    (4) Any determination under this subsection shall be published in 
the Federal Register.

(b) Rules in effect; new rules

    (1)(A) Any labeling rule in effect on March 17, 1987, shall remain 
in effect until amended, by rule, by the Commission.
    (B) After March 17, 1987, and not later than 30 days after the date 
on which a proposed test procedure applicable to a covered product of 
any of the types specified in paragraphs (1) through (13), and 
paragraphs (15) through (19) of section 6292(a) of this title (or class 
thereof) is prescribed under section 6293(b) of this title, the 
Commission shall publish a proposed labeling rule applicable to such 
type (or class thereof).
    (2) The Commission shall afford interested persons an opportunity to 
present written or oral data, views, and comments with respect to the 
proposed labeling rules published under paragraph (1). The period for 
such presentations shall not be less than 45 days.
    (3) Not earlier than 45 days nor later than 60 days after the date 
on which test procedures are prescribed under section 6293(b) of this 
title with respect to covered products of any type (or class thereof) 
specified in paragraphs (1) through (12) of section 6292(a) of this 
title, the Commission shall prescribe labeling rules with respect to 
covered products of such type (or class thereof). Not earlier than 45 
days after the date on which test procedures are prescribed under 
section 6293(b) of this title with respect to covered products of a type 
specified in paragraph (19) of section 6292(a) of this title, the 
Commission may prescribe labeling rules with respect to covered products 
of such type (or class thereof).
    (4) A labeling rule prescribed under paragraph (3) shall take effect 
not later than 3 months after the date of prescription of such rule, 
except that such rules may take effect not later than 6 months after 
such date of prescription if the Commission determines that such 
extension is necessary to allow persons subject to such rules adequate 
time to come into compliance with such rules.
    (5) The Commission may delay the publication of a proposed labeling 
rule, or the prescription of a labeling rule, beyond the dates specified 
in paragraph (1) or (3), if it determines that it cannot publish 
proposed labeling rules or prescribe labeling rules which meet the 
requirements of this section on or prior to the date specified in the 
applicable paragraph and publishes such determination in the Federal 
Register, together with the reasons therefor. In any such case, it shall 
publish proposed labeling rules or prescribe labeling rules for covered 
products of such type (or class thereof) as soon as practicable unless 
it determines (A) that labeling in accordance with this section is not 
economically or technically feasible, or (B) in the case of a type 
specified in paragraphs (3), (5), and (7) of section 6292(a) of this 
title, that labeling in accordance with this section is not likely to 
assist consumers in purchasing decisions. Any such determination shall 
be published in the Federal Register, together with the reasons 
therefor. This paragraph shall not apply to the prescription of a 
labeling rule with respect to covered products of a type specified in 
paragraph (19) of section 6292(a) of this title.

(c) Content of label

    (1) Subject to paragraph (6), a rule prescribed under this section 
shall require that each covered product in the type or class of covered 
products to which the rule applies bear a label which discloses--
        (A) the estimated annual operating cost of such product 
    (determined in accordance with test procedures prescribed under 
    section 6293 of this title), except that if--
            (i) the Secretary determines that disclosure of estimated 
        annual operating cost is not technologically feasible, or
            (ii) the Commission determines that such disclosure is not 
        likely to assist consumers in making purchasing decisions or is 
        not economically feasible,

    the Commission shall require disclosure of a different useful 
    measure of energy consumption (determined in accordance with test 
    procedures prescribed under section 6293 of this title); and
        (B) information respecting the range of estimated annual 
    operating costs for covered products to which the rule applies; 
    except that if the Commission requires disclosure under subparagraph 
    (A) of a measure of energy consumption different from estimated 
    annual operating cost, then the label shall disclose the range of 
    such measure of energy consumption of covered products to which such 
    rule applies.

    (2) A rule under this section shall include the following:
        (A) A description of the type or class of covered products to 
    which such rule applies.
        (B) Subject to paragraph (6), information respecting the range 
    of estimated annual operating costs or other useful measure of 
    energy consumption (determined in such manner as the rule may 
    prescribe) for such type or class of covered products.
        (C) A description of the test procedures under section 6293 of 
    this title used in determining the estimated annual operating costs 
    or other measure of energy consumption of the type or class of 
    covered products.
        (D) A prototype label and directions for displaying such label.

    (3) A rule under this section shall require that the label be 
displayed in a manner that the Commission determines is likely to assist 
consumers in making purchasing decisions and is appropriate to carry out 
this part. The Commission may permit a tag to be used in lieu of a label 
in any case in which the Commission finds that a tag will carry out the 
purposes for which the label was intended.
    (4) A rule under this section applicable to a covered product may 
require disclosure, in any printed matter displayed or distributed at 
the point of sale of such product, of any information which may be 
required under this section to be disclosed on the label of such 
product. Requirements under this paragraph shall not apply to any 
broadcast advertisement or any advertisement in any newspaper, magazine, 
or other periodical.
    (5) The Commission may require that a manufacturer of a covered 
product to which a rule under this section applies--
        (A) include on the label,
        (B) separately attach to the product, or
        (C) ship with the product,

additional information relating to energy consumption, including 
instructions for the maintenance, use, or repair of the covered product, 
if the Commission determines that such additional information would 
assist consumers in making purchasing decisions or in using such 
product, and that such requirement would not be unduly burdensome to 
manufacturers.
    (6) The Commission may delay the effective date of the requirement 
specified in paragraph (1)(B) of this subsection applicable to a type or 
class of covered product, insofar as it requires the disclosure on the 
label of information respecting range of a measure of energy 
consumption, for not more than 12 months after the date on which the 
rule under this section is first applicable to such type or class, if 
the Commission determines that such information will not be available 
within an adequate period of time before such date.
    (7) Paragraphs (1), (2), (3), (5), and (6) of this subsection shall 
not apply to the covered product specified in paragraphs (13), (14), 
(15), (16), (17), and (18) of section 6292(a) of this title.
    (8) If a manufacturer of a covered product specified in paragraph 
(15) or (17) of section 6292(a) of this title elects to provide a label 
for such covered product conveying the estimated annual operating cost 
of such product or the range of estimated annual operating costs for the 
type or class of such product--
        (A) such estimated cost or range of costs shall be determined in 
    accordance with test procedures prescribed under section 6293 of 
    this title;
        (B) the format of such label shall be in accordance with a 
    format prescribed by the Commission; and
        (C) such label shall be displayed in a manner, prescribed by the 
    Commission, to be likely to assist consumers in making purchasing 
    decisions and appropriate to carry out the purposes of this chapter.

(d) Effective date

    A rule under this section (or an amendment thereto) shall not apply 
to any covered product the manufacture of which was completed prior to 
the effective date of such rule or amendment, as the case may be.

(e) Study of certain products

    The Secretary, in consultation with the Commission, shall study 
consumer products for which labeling rules under this section have not 
been proposed, in order to determine (1) the aggregate energy 
consumption of such products, and (2) whether the imposition of labeling 
requirements under this section would be feasible and useful to 
consumers in making purchasing decisions. The Secretary shall include 
the results of such study in the annual report under section 6308 of 
this title.

(f) Consultation

    The Secretary and the Commission shall consult with each other on a 
continuing basis as may be necessary or appropriate to carry out their 
respective responsibilities under this part. Before the Commission makes 
any determination under subsection (a)(1) of this section, it shall 
obtain the views of the Secretary and shall take such views into account 
in making such determination.

(g) Other authority of the Commission

    Until such time as labeling rules under this section take effect 
with respect to a type or class of covered product, this section shall 
not affect any authority of the Commission under the Federal Trade 
Commission Act [15 U.S.C. 41 et seq.] to require labeling with respect 
to energy consumption of such type or class of covered product.

(Pub. L. 94-163, title III, Sec. 324, Dec. 22, 1975, 89 Stat. 920; Pub. 
L. 95-619, title IV, Sec. 425(b), (c), title VI, Sec. 691(b)(2), Nov. 9, 
1978, 92 Stat. 3265, 3288; Pub. L. 100-12, Sec. 11(a)(1), (b)(2), Mar. 
17, 1987, 101 Stat. 124, 125; Pub. L. 100-357, Sec. 2(d), June 28, 1988, 
102 Stat. 672; Pub. L. 102-486, title I, Sec. 123(e), Oct. 24, 1992, 106 
Stat. 2822; Pub. L. 105-388, Sec. 5(a)(4), Nov. 13, 1998, 112 Stat. 
3478.)

                       References in Text

    This chapter, referred to in subsecs. (a)(2)(D)(ii), (E)(ii) and 
(c)(8)(C), was in the original ``this Act'', meaning Pub. L. 94-163, 
Dec. 22, 1975, 89 Stat. 871, as amended, known as the Energy Policy and 
Conservation Act. For complete classification of this Act to the Code, 
see Short Title note set out under section 6201 of this title and 
Tables.
    The Federal Trade Commission Act, referred to in subsec. (g), is act 
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified 
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see section 58 of Title 15 and Tables.


                               Amendments

    1998--Subsec. (a)(2)(C)(ii). Pub. L. 105-388 substituted ``section 
6295(i)'' for ``section 6295(j)''.
    1992--Subsec. (a)(2)(C) to (E). Pub. L. 102-486, Sec. 123(e)(1), 
added subpars. (C) to (E).
    Subsec. (a)(3). Pub. L. 102-486, Sec. 123(e)(2), substituted 
``(19)'' for ``(14)''.
    Subsec. (b)(1)(B). Pub. L. 102-486, Sec. 123(e)(3), substituted 
``(13), and paragraphs (15) through (19)'' for ``(14)''.
    Subsec. (b)(3), (5). Pub. L. 102-486, Sec. 123(e)(4), substituted 
``(19)'' for ``(14)''.
    Subsec. (c)(7). Pub. L. 102-486, Sec. 123(e)(5)(A), substituted 
``paragraphs (13), (14), (15), (16), (17), and (18) of section 6292(a)'' 
for ``paragraph (13) of section 6292''.
    Subsec. (c)(8). Pub. L. 102-486, Sec. 123(e)(5)(B), added par. (8).
    1988--Subsec. (a)(2). Pub. L. 100-357, Sec. 2(d)(1), designated 
existing provision as subpar. (A) and added subpar. (B).
    Subsecs. (a)(3), (b)(1)(B), (3), (5). Pub. L. 100-357, Sec. 2(d)(2), 
substituted ``(14)'' for ``(13)''.
    Subsec. (c)(7). Pub. L. 100-357, Sec. 2(d)(3), added par. (7).
    1987--Subsec. (a). Pub. L. 100-12, Sec. 11(b)(2)(A), inserted 
heading.
    Subsec. (a)(1). Pub. L. 100-12, Sec. 11(a)(1)(A), substituted 
``paragraphs (1), (2), (4), (6), and (8) through (12)'' for ``paragraphs 
(1) through (9)''.
    Subsec. (a)(2). Pub. L. 100-12, Sec. 11(a)(1)(B), substituted 
``paragraphs (3), (5), and (7)'' for ``paragraphs (10) through (13)''.
    Subsec. (a)(3). Pub. L. 100-12, Sec. 11(a)(1)(C)(i), substituted 
``paragraph (13)'' for ``paragraph (14)''.
    Subsec. (a)(3)(A). Pub. L. 100-12, Sec. 11(a)(1)(C)(ii), added 
subpar. (A) and struck out former subpar. (A) which read as follows: 
``the Commission or the Secretary has made a determination with respect 
to such type (or class thereof) under section 6293(a)(5)(B) of this 
title,''.
    Subsec. (a)(3)(B). Pub. L. 100-12, Sec. 11(a)(1)(C)(iii), 
substituted ``section 6293(b)(1)(B)'' for ``section 6293(a)(5)''.
    Subsec. (b). Pub. L. 100-12, Sec. 11(a)(1)(D), inserted heading.
    Subsec. (b)(1). Pub. L. 100-12, Sec. 11(a)(1)(D), added par. (1) and 
struck out former par. (1) which read as follows: ``Not later than 30 
days after the date on which a proposed test procedure applicable to a 
covered product of any of the types specified in paragraphs (1) through 
(14) of section 6292(a) of this title (or class thereof) is published 
under section 6293(a) of this title, the Commission shall publish a 
proposed labeling rule applicable to such type (or class thereof).''
    Subsec. (b)(3). Pub. L. 100-12, Sec. 11(a)(1)(E), substituted 
``section 6293(b)'' for ``section 6293'' in two places, ``(12)'' for 
``(13)'', and ``(13)'' for ``(14)''.
    Subsec. (b)(5). Pub. L. 100-12, Sec. 11(a)(1)(F), substituted ``(3), 
(5), and (7)'' for ``(10) through (13)'' and ``(13)'' for ``(14)''.
    Subsec. (c). Pub. L. 100-12, Sec. 11(b)(2)(B), inserted heading.
    Subsec. (d). Pub. L. 100-12, Sec. 11(b)(2)(C), inserted heading.
    Subsec. (e). Pub. L. 100-12, Sec. 11(b)(2)(D), inserted heading.
    Subsec. (f). Pub. L. 100-12, Sec. 11(b)(2)(E), inserted heading.
    Pub. L. 100-12, Sec. 11(a)(1)(G), struck out ``or (2)'' after 
``subsection (a)(1)''.
    Subsec. (g). Pub. L. 100-12, Sec. 11(b)(2)(F), inserted heading.
    1978--Subsec. (a)(1), (2). Pub. L. 95-619, Sec. 425(b), struck out 
labeling rule exception where Administrator had determined under section 
6293(a)(6) of this title that test procedures could not be developed 
pursuant to section 6293(b) of this title.
    Subsec. (a)(3). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator'', meaning Administrator of the 
Federal Energy Administration, in cls. (A) and (B).
    Subsec. (c)(1)(A)(i). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (c)(5). Pub. L. 95-619, Sec. 425(c), inserted ``including 
instructions for the maintenance, use, or repair of the covered 
product,'' after ``energy consumption''.
    Subsecs. (e), (f). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 6293, 6295, 6296, 6297, 
6302, 6304, 6306, 6316, 6317 of this title.
