
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: 42USC6296]

 
                 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. 6296. Requirements of manufacturers


(a) In general

    Each manufacturer of a covered product to which a rule under section 
6294 of this title applies shall provide a label which meets, and is 
displayed in accordance with, the requirements of such rule. If such 
manufacturer or any distributor, retailer, or private labeler of such 
product advertises such product in a catalog from which it may be 
purchased, such catalog shall contain all information required to be 
displayed on the label, except as otherwise provided by rule of the 
Commission. The preceding sentence shall not require that a catalog 
contain information respecting a covered product if the distribution of 
such catalog commenced before the effective date of the labeling rule 
under section 6294 of this title applicable to such product.

(b) Notification

    (1) Each manufacturer of a covered product to which a rule under 
section 6294 of this title applies shall notify the Secretary or the 
Commission--
        (A) not later than 60 days after the date such rule takes 
    effect, of the models in current production (and starting serial 
    numbers of those models) to which such rule applies; and
        (B) prior to commencement of production, of all models 
    subsequently produced (and starting serial numbers of those models) 
    to which such rule applies.

    (2) If requested by the Secretary or Commission, the manufacturer of 
a covered product to which a rule under section 6294 of this title 
applies shall provide, within 30 days of the date of the request, the 
data from which the information included on the label and required by 
the rule was derived. Data shall be kept on file by the manufacturer for 
a period specified in the rule.
    (3) When requested--
        (A) by the Secretary for purposes of ascertaining whether a 
    product subject to a standard established in or prescribed under 
    section 6295 of this title is in compliance with that standard, or
        (B) by the Commission for purposes of ascertaining whether the 
    information set out on a label of a product, as required under 
    section 6294 of this title, is accurate,

each manufacturer of such a product shall supply at his expense a 
reasonable number of such covered products to any laboratory designated 
by the Secretary or the Commission, as the case may be. Any reasonable 
charge levied by the laboratory for such testing shall be borne by the 
United States, if and to the extent provided in appropriation Acts.
    (4) Each manufacturer of a covered product to which a rule under 
section 6294 of this title applies shall annually, at a time specified 
by the Commission, supply to the Commission relevant data respecting 
energy consumption or water use developed in accordance with the test 
procedures applicable to such product under section 6293 of this title.
    (5) A rule under section 6293, 6294, or 6295 of this title may 
require the manufacturer or his agent to permit a representative 
designated by the Commission or the Secretary to observe any testing 
required by this part and inspect the results of such testing.

(c) Deadline

    Each manufacturer shall use labels reflecting the range data 
required to be disclosed under section 6294(c)(1)(B) of this title after 
the expiration of 60 days following the date of publication of any 
revised table of ranges unless the rule under section 6294 of this title 
provides for a later date. The Commission may not require labels be 
changed to reflect revised tables of ranges more often than annually.

(d) Information requirements

    (1) For purposes of carrying out this part, the Secretary may 
require, under this part or other provision of law administered by the 
Secretary, each manufacturer of a covered product to submit information 
or reports to the Secretary with respect to energy efficiency, energy 
use, or, in the case of showerheads, faucets, water closets, and 
urinals, water use of such covered product and the economic impact of 
any proposed energy conservation standard, as the Secretary determines 
may be necessary to establish and revise test procedures, labeling 
rules, and energy conservation standards for such product and to insure 
compliance with the requirements of this part. In making any 
determination under this paragraph, the Secretary shall consider 
existing public sources of information, including nationally recognized 
certification programs of trade associations.
    (2) The Secretary shall exercise authority under this section in a 
manner designed to minimize unnecessary burdens on manufacturers of 
covered products.
    (3) The provisions of section 796(d) of title 15 shall apply with 
respect to information obtained under this subsection to the same extent 
and in the same manner as they apply with respect to energy information 
obtained under section 796 of title 15.

(Pub. L. 94-163, title III, Sec. 326, Dec. 22, 1975, 89 Stat. 926; Pub. 
L. 95-619, title IV, Sec. 425(d), title VI, Sec. 691(b)(2), Nov. 9, 
1978, 92 Stat. 3265, 3288; Pub. L. 100-12, Secs. 6, 11(a)(2), (b)(3), 
Mar. 17, 1987, 101 Stat. 117, 125; Pub. L. 102-486, title I, 
Sec. 123(g), Oct. 24, 1992, 106 Stat. 2829.)


                               Amendments

    1992--Subsec. (b)(4). Pub. L. 102-486, Sec. 123(g)(1), inserted ``or 
water use'' after ``consumption''.
    Subsec. (d)(1). Pub. L. 102-486, Sec. 123(g)(2), substituted ``, 
energy use, or, in the case of showerheads, faucets, water closets, and 
urinals, water use'' for ``or energy use''.
    1987--Subsec. (a). Pub. L. 100-12, Sec. 11(b)(3)(A), inserted 
heading.
    Subsec. (b). Pub. L. 100-12, Sec. 11(b)(3)(B), inserted heading.
    Subsec. (b)(3)(A). Pub. L. 100-12, Sec. 11(a)(2), inserted 
``established in or'' before ``prescribed under''.
    Subsec. (c). Pub. L. 100-12, Sec. 11(b)(3)(C), inserted heading.
    Subsec. (d). Pub. L. 100-12, Sec. 6, inserted ``Information 
requirements'' as heading and amended text generally. Prior to 
amendment, text read as follows: ``For purposes of carrying out this 
part, the Secretary may require, under authority otherwise available to 
him under this part or other provisions of law administered by him, each 
manufacturer of covered products to submit such information or reports 
of any kind or nature directly to the Secretary with respect to energy 
efficiency of such covered products, and with respect to the economic 
impact of any proposed energy efficiency standard, as the Secretary 
determines may be necessary to establish and revise test procedures, 
labeling rules, and energy efficiency standards for such products and to 
insure compliance with the requirements of this part. The provisions of 
section 796(d) of title 15 shall apply with respect to information 
obtained under this subsection to the same extent and in the same manner 
as it applies with respect to energy information obtained under section 
796 of title 15.''
    1978--Subsec. (b)(1). Pub. L. 95-619, Sec. 425(d)(2), inserted 
requirement that manufacturers of covered products give notice to the 
Secretary of models affected by rules promulgated under section 6294 of 
this title and expanded the notice requirement itself to include models 
manufactured more than sixty days after the date a particular rule takes 
effect.
    Subsec. (b)(2). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator'', meaning Administrator of the 
Federal Energy Administration.
    Subsec. (b)(3). Pub. L. 95-619, Sec. 425(d)(3), authorized Secretary 
to request submission of covered products for purposes of ascertaining 
whether a particular product complies with standards under section 6295 
of this title and also authorized Secretary to designate testing 
laboratories for the submitted products.
    Subsec. (b)(5). Pub. L. 95-619, Sec. 691(b)(2), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (d). Pub. L. 95-619, Sec. 425(d)(1), added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 6302 to 6304, 6316 of this 
title.
