§ 6294. Labeling

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title III § 324 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6294

   Pub. L. 94–163, title III, § 324, Dec. 22, 1975, 89 Stat. 920

   Source evidence

   Code source credit
   Pub. L. 94–163, title III, § 324, Dec. 22, 1975, 89 Stat. 920

   Enacted provision · exact public law section
   Sec. 324. labeling (a) (1) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (1) through (9) of section 322(a), except to the extent that, with respect to any such type (or class thereof)— (A) the Administrator determines under the second sentence of section 323(a)(6) that test procedures cannot be developed which meet the requirements of section 323 (b); or (B) the Commission determines under the second sentence of subsection (b) (5) that labeling in accordance with this section is not technologically or economically feasible. (2) The Commission shall prescribe labeling rules under this section applicable to all covered products of each of the types specified in paragraphs (10) through (13) of section 322(a), except to the extent that with respect to any such type (or class thereof) — (A) the Administrator determines under the second sentence of section 323(a)(6) that test procedures cannot be developed which meet the requirements of section 32.3(b); or (B) the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible or is not likely to assist consumers in making purchasing decisions. (3) The Commission may prescribe a labeling rule under this section applicable to covered products of a type specified in paragraph (14) of section 322(a) (or a class thereof) if— (A) the Commission or the Administrator has made a determination with respect to such type (or a class thereof) under section 323(a)(5)(B), (B) the Administrator has prescribed test procedures under section 323(a) (5) 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 Publication in Federal Register. the Federal Register. (b) (1) 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 322(a) (or class thereof) is published under section 323(a), 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 323 with respect to covered products of any type (or class thereof) specified in paragraphs (1) through (13) of section 322(a), 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 323 with respect to covered products of a type specified in paragraph (14) of section 322(a), 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 or 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 (10) through (13) of section 322(a), that labeling in accordance with this section is not likely to assist consumers in purchasing decisions. Any such determination shall be Publication in Federal Register. 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 (14) of section 322(a). (c) (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 323), except that if— (i) the Administrator 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 323); 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 323 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, 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. (d) 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) The Administrator, 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 Administrator shall include the results of such study in the annual report under section 338. (f) The Administrator and the Commission shall consult with each Consultation. 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) or (2), it shall obtain the views of the Administrator and shall take such views into account in making such determination. (g) 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 to require labeling with respect to energy consumption of such type or class of covered product.

2. 1978

   Pub. L. 95–619 § 425(b) · 92 Stat. 3206

   Struck · 42 U.S.C. § 6294(a)(1); 42 U.S.C. § 6294(a)(2)

   Pub. L. 95–619, § 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

   Source evidence

   Code amendment note
   Subsec. (a)(1), (2). Pub. L. 95–619, § 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.

   Enacted provision · exact public law section
   (b) Amendments to Section 324(a).— Section 324(a) of such Act (42 U.S.C. 6294(a)) is amended— (1) in paragraph (1), by striking out “(or class thereof)” and all that follows and inserting in lieu thereof: “(or class thereof), the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible.”; and (2) in paragraph (2), by striking out “(or class thereof)” and all that follows and inserting in lieu thereof: “(or class thereof), the Commission determines under the second sentence of subsection (b)(5) that labeling in accordance with this section is not technologically or economically feasible or is not likely to assist consumers in making purchasing decisions.”.

3. 1978

   Pub. L. 95–619 § 691(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6294(a)(3)

   Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, in cls. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, in cls. (A) and (B).

   Enacted provision · exact public law section
   (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

4. 1978

   Pub. L. 95–619 § 691(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6294(c)(1)(A)(i)

   Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A)(i). Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

5. 1978

   Pub. L. 95–619 § 425(c) · 92 Stat. 3206

   Inserted · 42 U.S.C. § 6294(c)(5)

   Pub. L. 95–619, § 425(c), inserted “including instructions for the maintenance, use, or repair of the covered product,” after “energy consumption”

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 95–619, § 425(c), inserted “including instructions for the maintenance, use, or repair of the covered product,” after “energy consumption”.

   Enacted provision · exact public law section
   (c) Amendments to Section 324(c).—Section 324(c)(5) of such Act (42 U.S.C. 6294(c)(5)) is amended by inserting “including instructions for the maintenance, use, or repair of the covered product, after “energy consumption,” in the matter following subparagraph

6. 1978

   Pub. L. 95–619 § 691(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6294(e); 42 U.S.C. § 6294(f)

   Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

7. 1987

   National Appliance Energy Conservation Act of 1987

   Pub. L. 100–12 § 11(b)(2)(A) · 101 Stat. 103

   Inserted · 42 U.S.C. § 6294(a)

   Pub. L. 100–12, § 11(b)(2)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–12, § 11(b)(2)(A), inserted heading.

   Enacted provision · exact public law section
   (A) by striking out “Sec. 324. (a)(1)” and inserting in lieu thereof “Sec. 324. (a) In General.—(1)”;

8. 1987

   National Appliance Energy Conservation Act of 1987

   Pub. L. 100–12 § 11(a)(1)(A) · 101 Stat. 103

   Substituted · 42 U.S.C. § 6294(a)(1)

   Pub. L. 100–12, § 11(a)(1)(A), substituted “paragraphs (1), (2), (4), (6), and (8) through (12)” for “paragraphs (1) through (9)”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 100–12, § 11(a)(1)(A), substituted “paragraphs (1), (2), (4), (6), and (8) through (12)” for “paragraphs (1) through (9)”.

   Enacted provision · exact public law section
   (A) in subsection (a)(1), by striking out “paragraphs (1) through (9)” and inserting in lieu thereof “paragraphs (1), (2), (4), (6), and (8) through (12)”;

9. 1987

   National Appliance Energy Conservation Act of 1987

   Pub. L. 100–12 § 11(a)(1)(B) · 101 Stat. 103

   Substituted · 42 U.S.C. § 6294(a)(2)

   Pub. L. 100–12, § 11(a)(1)(B), substituted “paragraphs (3), (5), and (7)” for “paragraphs (10) through (13)”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–12, § 11(a)(1)(B), substituted “paragraphs (3), (5), and (7)” for “paragraphs (10) through (13)”.

   Enacted provision · exact public law section
   (B) in subsection (a)(2), by striking out “paragraphs (10) through (13)” and inserting in lieu thereof “paragraphs (3), (5), and (7)”; and

10. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(C)(i) · 101 Stat. 103

    Substituted · 42 U.S.C. § 6294(a)(3)

    Pub. L. 100–12, § 11(a)(1)(C)(i), substituted “paragraph (13)” for “paragraph (14)”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 100–12, § 11(a)(1)(C)(i), substituted “paragraph (13)” for “paragraph (14)”.

    Enacted provision · exact public law section
    (i) by striking out “paragraph (14)” and inserting in lieu thereof “paragraph (13)”;

11. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(C)(ii) · 101 Stat. 103

    1. Added · 42 U.S.C. § 6294(a)(3)(A)

       Pub. L. 100–12, § 11(a)(1)(C)(ii), added subpar. (A)

    2. Struck · 42 U.S.C. § 6294(a)(3)(A)

       Pub. L. 100–12, § 11(a)(1)(C)(ii), 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,”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 100–12, § 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,”.

    Enacted provision · exact public law section
    (ii) by striking out subparagraph (A) and inserting in lieu thereof the following: “(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,”; and

12. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(C)(iii) · 101 Stat. 103

    Substituted · 42 U.S.C. § 6294(a)(3)(B)

    Pub. L. 100–12, § 11(a)(1)(C)(iii), substituted “section 6293(b)(1)(B)” for “section 6293(a)(5)”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B). Pub. L. 100–12, § 11(a)(1)(C)(iii), substituted “section 6293(b)(1)(B)” for “section 6293(a)(5)”.

    Enacted provision · exact public law section
    (iii) by striking out “section 323(a)(5)” in subparagraph (B) and inserting in lieu thereof “section Ante, p. 105. 323(b)(1)(B)”;

13. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(D) · 101 Stat. 103

    Inserted · 42 U.S.C. § 6294(b)

    Pub. L. 100–12, § 11(a)(1)(D), inserted heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–12, § 11(a)(1)(D), inserted heading.

    Enacted provision · exact public law section
    (D) by striking out subsection (b)(1) and inserting in lieu thereof the following: “(b) Rules in Effect; New Rules.— (1) (A) Any labeling rule in effect on the date of the enactment of the National Appliance Energy Conservation Act of 1987 shall remain in effect until amended, by rule, by the Commission. “(B) After the date of the enactment of the National Appliance Energy Conservation Act of 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) of Ante, p. 105. section 322(a) (or class thereof) is prescribed under section 323(b), the Commission shall publish a proposed labeling rule applicable to such type (or class thereof).”;

14. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(D) · 101 Stat. 103

    1. Added · 42 U.S.C. § 6294(b)(1)

       Pub. L. 100–12, § 11(a)(1)(D), added par. (1)

    2. Struck · 42 U.S.C. § 6294(b)(1)

       Pub. L. 100–12, § 11(a)(1)(D), 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).”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–12, § 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).”

    Enacted provision · exact public law section
    (D) by striking out subsection (b)(1) and inserting in lieu thereof the following: “(b) Rules in Effect; New Rules.— (1) (A) Any labeling rule in effect on the date of the enactment of the National Appliance Energy Conservation Act of 1987 shall remain in effect until amended, by rule, by the Commission. “(B) After the date of the enactment of the National Appliance Energy Conservation Act of 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) of Ante, p. 105. section 322(a) (or class thereof) is prescribed under section 323(b), the Commission shall publish a proposed labeling rule applicable to such type (or class thereof).”;

15. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(E) · 101 Stat. 103

    1. Substituted · 42 U.S.C. § 6294(b)(3)

       Pub. L. 100–12, § 11(a)(1)(E), substituted “section 6293(b)” for “section 6293”

    2. Substituted · 42 U.S.C. § 6294(b)(3)

       Pub. L. 100–12, § 11(a)(1)(E), substituted “(12)” for “(13)”

    3. Substituted · 42 U.S.C. § 6294(b)(3)

       Pub. L. 100–12, § 11(a)(1)(E), substituted “(13)” for “(14)”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 100–12, § 11(a)(1)(E), substituted “section 6293(b)” for “section 6293” in two places, “(12)” for “(13)”, and “(13)” for “(14)”.

    Enacted provision · exact public law section
    (E) in subsection (b)(3)— (i) by striking out “section 323” both places in which it appears and inserting in lieu thereof “section 323(b)”; (ii) by striking out “(13)” and inserting in lieu thereof “(12)”; and (iii) by striking out “(14)” and inserting in lieu thereof “(13)”;

16. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(F) · 101 Stat. 103

    1. Substituted · 42 U.S.C. § 6294(b)(5)

       Pub. L. 100–12, § 11(a)(1)(F), substituted “(3), (5), and (7)” for “(10) through (13)”

    2. Substituted · 42 U.S.C. § 6294(b)(5)

       Pub. L. 100–12, § 11(a)(1)(F), substituted “(13)” for “(14)”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 100–12, § 11(a)(1)(F), substituted “(3), (5), and (7)” for “(10) through (13)” and “(13)” for “(14)”.

    Enacted provision · exact public law section
    (F) in subsection (b)(5)— (i) by striking out “(10) through (13)” and inserting in lieu thereof “(3), (5), and (7)”; and (ii) by striking out “(14)” and inserting in lieu thereof “(13)”; and

17. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(b)(2)(B) · 101 Stat. 103

    Inserted · 42 U.S.C. § 6294(c)

    Pub. L. 100–12, § 11(b)(2)(B), inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–12, § 11(b)(2)(B), inserted heading.

    Enacted provision · exact public law section
    (B) in subsection (c)(1), by striking out “(c)(1)” and inserting in lieu thereof “(c) Content of Label.—(1)”;

18. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(b)(2)(C) · 101 Stat. 103

    Inserted · 42 U.S.C. § 6294(d)

    Pub. L. 100–12, § 11(b)(2)(C), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–12, § 11(b)(2)(C), inserted heading.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking out “(d)” and inserting in lieu thereof “(d) Effective Date.—”;

19. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(b)(2)(D) · 101 Stat. 103

    Inserted · 42 U.S.C. § 6294(e)

    Pub. L. 100–12, § 11(b)(2)(D), inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–12, § 11(b)(2)(D), inserted heading.

    Enacted provision · exact public law section
    (D) in subsection (e), by striking out “(e)” and inserting in lieu thereof “(e) Study of Certain Products.—”;

20. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(b)(2)(E) · 101 Stat. 103

    Inserted · 42 U.S.C. § 6294(f)

    Pub. L. 100–12, § 11(b)(2)(E), inserted heading

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 100–12, § 11(b)(2)(E), inserted heading.

    Enacted provision · exact public law section
    (E) in subsection (f), by striking out “(f)” and inserting in lieu thereof “(f) Consultation.—”; and

21. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(a)(1)(G) · 101 Stat. 103

    Struck · 42 U.S.C. § 6294(f)

    Pub. L. 100–12, § 11(a)(1)(G), struck out “or (2)” after “subsection (a)(1)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–12, § 11(a)(1)(G), struck out “or (2)” after “subsection (a)(1)”.

    Enacted provision · exact public law section
    (G) in subsection (f), by striking out “or (2)” in the second sentence.

22. 1987

    National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(b)(2)(F) · 101 Stat. 103

    Inserted · 42 U.S.C. § 6294(g)

    Pub. L. 100–12, § 11(b)(2)(F), inserted heading

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 100–12, § 11(b)(2)(F), inserted heading.

    Enacted provision · exact public law section
    (F) in subsection (g), by striking out “(g)” and inserting in lieu thereof “(g) Other Authority of the Commission.—”.

23. 1988

    National Appliance Energy Conservation Amendments of 1988

    Pub. L. 100–357 § 2(d)(1) · 102 Stat. 671

    1. Amended · 42 U.S.C. § 6294(a)(2)

       Pub. L. 100–357, § 2(d)(1), designated existing provision as subpar. (A)

    2. Added · 42 U.S.C. § 6294(a)(2)

       Pub. L. 100–357, § 2(d)(1), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 100–357, § 2(d)(1), designated existing provision as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (1) in subsection (a)(2)— (A) by striking out “(2) The” and inserting in lieu thereof “(2)(A) The”; and (B) by adding at the end the following: “(B) The Commission shall prescribe labeling rules under this section applicable to the covered product specified in paragraph (13) of section 322(a) and to which standards are applicable under section 325. 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) 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.”.

24. 1988

    National Appliance Energy Conservation Amendments of 1988

    Pub. L. 100–357 § 2(d)(2) · 102 Stat. 671

    Substituted · 42 U.S.C. § 6294(a)(3); 42 U.S.C. § 6294(b)(1)(B); 42 U.S.C. § 6294(a)(3); 42 U.S.C. § 6294(a)(5)

    Pub. L. 100–357, § 2(d)(2), substituted “(14)” for “(13)”

    Source evidence

    Code amendment note
    Subsecs. (a)(3), (b)(1)(B), (3), (5). Pub. L. 100–357, § 2(d)(2), substituted “(14)” for “(13)”.

    Enacted provision · exact public law section
    (2) by striking out “(13)” and inserting in lieu thereof “(14)” in subsection (a)(3) and in paragraphs (1)(B), (3), and (5) of subsection (b); and

25. 1988

    National Appliance Energy Conservation Amendments of 1988

    Pub. L. 100–357 § 2(d)(3) · 102 Stat. 671

    Added · 42 U.S.C. § 6294(c)(7)

    Pub. L. 100–357, § 2(d)(3), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 100–357, § 2(d)(3), added par. (7).

    Enacted provision · exact public law section
    (3) by adding at the end of subsection (c) the following: “(7) Paragraphs (1), (2), (3), (5), and (6) of this subsection shall not apply to the covered product specified in paragraph (13) of section

26. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(e)(1) · 106 Stat. 2776

    Added · 42 U.S.C. § 6294(a)(2)(C)(E)

    Pub. L. 102–486, § 123(e)(1), added subpars. (C) to (E)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C) to (E). Pub. L. 102–486, § 123(e)(1), added subpars. (C) to (E).

    Enacted provision · exact public law section
    (1) in subsection (a)(2), by adding at the end the following new subparagraphs: “(C) (i) Not later than 18 months after the date of the enactment of the Energy Policy Act of 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), 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 325(j) 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 the date of the enactment of the Energy Policy Act of 1992, the Commission shall prescribe labeling rules under this section for showerheads and faucets to which standards are applicable under subsection (j) of section 325. 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 325. “(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 Act 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 the date of the enactment Regulations. of the Energy Policy Act of 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 325. 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 325. “(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 Act 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 an 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’.”;

27. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(e)(2) · 106 Stat. 2776

    Substituted · 42 U.S.C. § 6294(a)(3)

    Pub. L. 102–486, § 123(e)(2), substituted “(19)” for “(14)”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–486, § 123(e)(2), substituted “(19)” for “(14)”.

    Enacted provision · exact public law section
    (2) in subsection (a)(3), by striking out “(14)” and inserting in lieu thereof “(19)”;

28. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(e)(3) · 106 Stat. 2776

    Substituted · 42 U.S.C. § 6294(b)(1)(B)

    Pub. L. 102–486, § 123(e)(3), substituted “(13), and paragraphs (15) through (19)” for “(14)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 102–486, § 123(e)(3), substituted “(13), and paragraphs (15) through (19)” for “(14)”.

    Enacted provision · exact public law section
    (3) in subsection (b)(1)(B), by striking out “(14)” and inserting in lieu thereof “(13), and paragraphs (15) through (19)”;

29. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(e)(4) · 106 Stat. 2776

    Substituted · 42 U.S.C. § 6294(b)(3); 42 U.S.C. § 6294(b)(5)

    Pub. L. 102–486, § 123(e)(4), substituted “(19)” for “(14)”

    Source evidence

    Code amendment note
    Subsec. (b)(3), (5). Pub. L. 102–486, § 123(e)(4), substituted “(19)” for “(14)”.

    Enacted provision · exact public law section
    (4) in paragraphs (3) and (5) of subsection (b), by striking out “(14)” and inserting in lieu thereof “(19)”; and

30. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(e)(5)(A) · 106 Stat. 2776

    Substituted · 42 U.S.C. § 6294(c)(7)

    Pub. L. 102–486, § 123(e)(5)(A), substituted “paragraphs (13), (14), (15), (16), (17), and (18) of section 6292(a)” for “paragraph (13) of section 6292”

    Source evidence

    Code amendment note
    Subsec. (c)(7). Pub. L. 102–486, § 123(e)(5)(A), substituted “paragraphs (13), (14), (15), (16), (17), and (18) of section 6292(a)” for “paragraph (13) of section 6292”.

    Enacted provision · exact public law section
    (A) in paragraph (7), by striking out “paragraph (13) of section 322” and inserting in lieu thereof “paragraphs (13), (14), (15), (16), (17), and (18) of section 322(a)”; and

31. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(e)(5)(B) · 106 Stat. 2776

    Added · 42 U.S.C. § 6294(c)(8)

    Pub. L. 102–486, § 123(e)(5)(B), added par. (8)

    Source evidence

    Code amendment note
    Subsec. (c)(8). Pub. L. 102–486, § 123(e)(5)(B), added par. (8).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(8) If a manufacturer of a covered product specified in paragraph (15) or (17) of section 322(a) 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 323; “(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 Act.”.

32. 1998

    Energy Conservation Reauthorization Act of 1998

    Pub. L. 105–388 § 5(a)(4) · 112 Stat. 3477

    Substituted · 42 U.S.C. § 6294(a)(2)(C)(ii)

    Pub. L. 105–388 substituted “section 6295(i)” for “section 6295(j)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(ii). Pub. L. 105–388 substituted “section 6295(i)” for “section 6295(j)”.

    Enacted provision · exact public law section
    (4) in section 324(a)(2)(C)(ii) (42 U.S.C. 6294(a)(2)(C)(ii)) by striking “section 325(j)” and inserting “section 325(i)”;

33. 2005

    Energy Policy Act of 2005

    Pub. L. 109–58 § 137(a) · 119 Stat. 594

    Added · 42 U.S.C. § 6294(a)(2)(F); 42 U.S.C. § 6294(a)(2)(G)

    Pub. L. 109–58, § 137(a), added subpars. (F) and (G)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(F), (G). Pub. L. 109–58, § 137(a), added subpars. (F) and (G).

    Enacted provision · exact public law section
    (a) Rulemaking on Effectiveness of Consumer Product Labeling.— Section 324(a)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)) is amended by adding at the end the following: “(F) (i) Deadlines. Not later than 90 days after the date of enactment of this subparagraph, the Commission shall initiate a rulemaking to consider— “(I) the effectiveness of the consumer products labeling program in assisting consumers in making purchasing decisions and improving energy efficiency; and “(II) changes to the labeling rules (including categorical labeling) that would improve the effectiveness of consumer product labels. “(ii) Not later than 2 years after the date of enactment of this subparagraph, the Commission shall complete the rulemaking initiated under clause (i). “(G) (i) Deadline. Not later than 18 months after the date of enactment of this subparagraph, the Commission shall issue by rule, in accordance with this section, labeling requirements for the electricity used by ceiling fans to circulate air in a room. “(ii) Applicability. The rule issued under clause (i) shall apply to products manufactured after the later of— “(I) January 1, 2009; or “(II) the date that is 60 days after the final rule is issued.” .

34. 2005

    Energy Policy Act of 2005

    Pub. L. 109–58 § 137(b) · 119 Stat. 594

    Added · 42 U.S.C. § 6294(a)(5)

    Pub. L. 109–58, § 137(b), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 109–58, § 137(b), added par. (5).

    Enacted provision · exact public law section
    (b) Rulemaking on Labeling for Additional Products.— Section 324(a) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)) is amended by adding at the end the following: “(5) (A) For covered products described in subsections (u) through (ff) of section 325, after a test procedure has been prescribed under section 323, the Secretary or the Commission, as appropriate, may prescribe, by rule, under this section labeling requirements for the products. “(B) In the case of products to which TP–1 standards under section 325(y) apply, labeling requirements shall be based on the ‘Standard for the Labeling of Distribution Transformer Efficiency’ prescribed by the National Electrical Manufacturers Association (NEMA TP–3) as in effect on the date of enactment of this paragraph. “(C) In the case of dehumidifiers covered under section 325(dd), the Commission shall not require an ‘Energy Guide’ label.” .

35. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 324(d)(2) · 121 Stat. 1492

    Redesignated · 42 U.S.C. § 6294(a)(2)(C)

    Pub. L. 110–140, § 324(d)(2), added subpar. (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 110–140, § 324(d)(2), added subpar. (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (B) the following: “(C) Metal halide lamp fixtures.— “(i) In general.— The Regulations. Commission shall issue labeling rules under this section applicable to the covered product specified in section 322(a)(19) and to which standards are applicable under section 325. “(ii) Labeling.— The Deadlines. rules shall provide that the labeling of any metal halide lamp fixture manufactured on or after the later of January 1, 2009, or the date that is 270 days after the date of enactment of this subparagraph, shall indicate conspicuously, in a manner prescribed by the Commission under subsection (b) by July 1, 2008, a capital letter ‘E’ printed within a circle on the packaging of the fixture, and on the ballast contained in the fixture.” .

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

36. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 321(b) · 121 Stat. 1492

    Added · 42 U.S.C. § 6294(a)(2)(C)(iii)

    Pub. L. 110–140, § 321(b), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(iii). Pub. L. 110–140, § 321(b), added cl. (iii).

    Enacted provision · exact public law section
    (b) Consumer Education and Lamp Labeling.— Section 324(a)(2)(C) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)) is amended by adding at the end the following: “(iii) Rulemaking to consider effectiveness of lamp labeling.— “(I) In general.— Not later than 1 year after the date of enactment of this clause, the Commission shall initiate a rulemaking to consider— “(aa) the effectiveness of current lamp labeling for power levels or watts, light output or lumens, and lamp lifetime; and “(bb) alternative labeling approaches that will help consumers to understand new high-efficiency lamp products and to base the purchase decisions of the consumers on the most appropriate source that meets the requirements of the consumers for lighting level, light quality, lamp lifetime, and total lifecycle cost. “(II) Completion.— The Commission shall— “(aa) complete the rulemaking not later than the date that is 30 months after the date of enactment of this clause; and “(bb) consider reopening the rulemaking not later than 180 days before the effective dates of the standards for general service incandescent lamps established under section 325(i)(1)(A), if the Commission determines that further labeling changes are needed to help consumers understand lamp alternatives.” .

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

37. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 324(d)(1) · 121 Stat. 1492

    Redesignated · 42 U.S.C. § 6294(a)(2)(D)(H)

    Pub. L. 110–140, § 324(d)(1), redesignated subpars. (C) to (G) as (D) to (H), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2)(D) to (H). Pub. L. 110–140, § 324(d)(1), redesignated subpars. (C) to (G) as (D) to (H), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; and

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

38. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 325(a)(1) · 121 Stat. 1492

    Added · 42 U.S.C. § 6294(a)(2)(I)

    Pub. L. 110–140, § 325(a)(1), added subpar. (I)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(I). Pub. L. 110–140, § 325(a)(1), added subpar. (I).

    Enacted provision · exact public law section
    (1) in paragraph (2), by adding at the end the following: “(I) Labeling requirements.— “(i) In general.— Subject to clauses (ii) through (iv), not later than 18 months after the date of issuance of applicable Department of Energy testing procedures, the Commission, in consultation with the Secretary and the Administrator of the Environmental Protection Agency (acting through the Energy Star program), shall, by regulation, prescribe labeling or other disclosure requirements for the energy use of— “(I) televisions; “(II) personal computers; “(III) cable or satellite set-top boxes; “(IV) stand-alone digital video recorder boxes; and “(V) personal computer monitors. “(ii) Alternate testing procedures.— In the absence of applicable testing procedures described in clause (i) for products described in subclauses (I) through (V) of that clause, the Commission may, by regulation, prescribe labeling or other disclosure requirements for a consumer product category described in clause (i) if the Commission— “(I) identifies adequate non-Department of Energy testing procedures for those products; and “(II) determines that labeling of, or other disclosures relating to, those products is likely to assist consumers in making purchasing decisions. “(iii) Deadline and requirements for labeling.— “(I) Deadline.— Not later than 18 months after the date of promulgation of any requirements under clause (i) or (ii), the Commission shall require labeling of, or other disclosure requirements for, electronic products described in clause (i). “(II) Requirements.— The requirements prescribed under clause (i) or (ii) may include specific requirements for each electronic product to be labeled with respect to the placement, size, and content of Energy Guide labels. “(iv) Determination of feasibility.— Clause (i) or (ii) shall not apply in any case in which the Commission determines that labeling in accordance with this subsection— “(I) is not technologically or economically feasible; or “(II) is not likely to assist consumers in making purchasing decisions.” ; and

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

39. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 325(a)(2) · 121 Stat. 1492

    Added · 42 U.S.C. § 6294(a)(6)

    Pub. L. 110–140, § 325(a)(2), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 110–140, § 325(a)(2), added par. (6).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(6) Authority to include additional product categories.— The Commission may, by regulation, require labeling or other disclosures in accordance with this subsection for any consumer product not specified in this subsection or section 322 if the Commission determines that labeling for the product is likely to assist consumers in making purchasing decisions.” .

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

40. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 325(b) · 121 Stat. 1492

    1. Amended · 42 U.S.C. § 6294(c)(9)

       Pub. L. 110–140, § 325(b), as amended by Pub. L. 112–210, § 10(a)(12)

    2. Added · 42 U.S.C. § 6294(c)(9)

       Pub. L. 110–140, § 325(b), as added par. (9)

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 110–140, § 325(b), as amended by Pub. L. 112–210, § 10(a)(12), added par. (9).

    Enacted provision · exact public law section
    (b) Content of Label.— Section 324(c) of the Energy Policy and Conservation Act 42 USC 6294. (42 U.S.C. 6924(c)) is amended by adding at the end the following: “(9) Discretionary application.— The Commission may apply paragraphs (1), (2), (3), (5), and (6) of this subsection to the labeling of any product covered by paragraph (2)(I) or (6) of subsection (a).” .

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

41. 2012

    American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(12) · 126 Stat. 1514

    Changed · 42 U.S.C. § 6294(c)(9)

    Pub. L. 112–210, § 10(a)(12), made technical amendment to directory language of Pub. L. 110–140, § 325(b). See 2007 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 112–210, § 10(a)(12), made technical amendment to directory language of Pub. L. 110–140, § 325(b). See 2007 Amendment note below.

    Enacted provision · exact public law section
    (12) Section 325(b) of the Energy Independence and Security Act of 2007 42 USC 6294. (121 Stat. 1596) is amended by striking “6924(c)” and inserting “6294(c)”.

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

42. 2018

    EPS Improvement Act of 2017

    Pub. L. 115–115 § 2(c)(2) · 131 Stat. 2280

    Substituted · 42 U.S.C. § 6294

    Pub. L. 115–115 substituted “(20) of section 6292(a)” for “(19) of section 6292(a)” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 115–115 substituted “(20) of section 6292(a)” for “(19) of section 6292(a)” wherever appearing.

    Enacted provision · exact public law section
    (2) Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended by striking “(19)” each place it appears in each of subsections (a)(3), (b)(1)(B), (b)(3), and (b)(5) and inserting “(20)”.

49 of 49 references resolved to an enrolled provision