§ 6302. Prohibited acts

Statutory text

In general

It shall be unlawful—

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

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 section 6294 of this title;

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;

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;

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;

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;

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

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

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

for any person—

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;

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;

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

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

“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.

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.

1975
Energy Policy and Conservation Act
Pub. L. 94–163 title III § 332 · 89 Stat. 871
Enacted · 42 U.S.C. § 6302
Pub. L. 94–163, title III, § 332, Dec. 22, 1975, 89 Stat. 928
Source evidence
Code source credit
Pub. L. 94–163, title III, § 332, Dec. 22, 1975, 89 Stat. 928
Enacted provision · exact public law section
Sec. 332. prohibited acts (a) It shall be unlawful— (1) for any manufacturer or private labeler to distribute in commerce any new covered product to which a rule under section 324 applies, unless such covered product is labeled in accordance with such rule; (2) 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 section 324; (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 326 (a), (b) (2), (b) (3), or (b) (5); or (5) for any manufacturer or private labeler to distribute in commerce any new covered product which is not in conformity with an applicable energy efficiency standard prescribed under this part. (b) For purposes of this section, the term “new covered product” “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.
1987
National Appliance Energy Conservation Act of 1987
Pub. L. 100–12 § 11(b)(5)(A) · 101 Stat. 103
Inserted · 42 U.S.C. § 6302(a)
Pub. L. 100–12, § 11(b)(5)(A), inserted heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–12, § 11(b)(5)(A), inserted heading.
Enacted provision · exact public law section
(A) in subsection (a), by striking out “Sec. 332. (a)” and inserting in lieu thereof “Sec. 332. (a) In General.—”; and
1987
National Appliance Energy Conservation Act of 1987
Pub. L. 100–12 § 11(a)(3) · 101 Stat. 103
Substituted · 42 U.S.C. § 6302(a)(5)
Pub. L. 100–12, § 11(a)(3), substituted “energy conservation standard established in or prescribed under” for “energy efficiency standard prescribed under”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 100–12, § 11(a)(3), substituted “energy conservation standard established in or prescribed under” for “energy efficiency standard prescribed under”.
Enacted provision · exact public law section
(3) Section 332(a)(5) is amended by striking out “energy efficiency 42 USC 6302. standard prescribed under” and inserting in lieu thereof “energy conservation standard established in or prescribed under”.
1987
National Appliance Energy Conservation Act of 1987
Pub. L. 100–12 § 11(b)(5)(B) · 101 Stat. 103
Inserted · 42 U.S.C. § 6302(b)
Pub. L. 100–12, § 11(b)(5)(B), inserted heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–12, § 11(b)(5)(B), inserted heading.
Enacted provision · exact public law section
(B) in subsection (b), by striking out “(b)” and inserting in lieu thereof “(b) Definition.—”;
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 321(e)(1) · 121 Stat. 1492
Struck · 42 U.S.C. § 6302(a)(4)
Pub. L. 110–140, § 321(e)(1), which directed the striking out of “or” after semicolon at end, could not be executed after amendment by Pub. L. 110–140, § 306(b)(1). See below
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 110–140, § 321(e)(1), which directed the striking out of “or” after semicolon at end, could not be executed after amendment by Pub. L. 110–140, § 306(b)(1). See below.
Enacted provision · exact public law section
(1) in paragraph (4), by striking “or” at the end;
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 306(b)(1) · 121 Stat. 1492
Struck · 42 U.S.C. § 6302(a)(4)
Pub. L. 110–140, § 306(b)(1), struck out “or” after semicolon at end
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–140, § 306(b)(1), struck out “or” after semicolon at end.
Enacted provision · exact public law section
(1) in paragraph (4), by striking “or” after the semicolon at the end;
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 321(e)(2) · 121 Stat. 1492
Substituted · 42 U.S.C. § 6302(a)(5)
Pub. L. 110–140, § 321(e)(2), which directed substitution of “; or” for period at end, could not be executed after amendment by Pub. L. 110–140, § 306(b)(2). See below
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 110–140, § 321(e)(2), which directed substitution of “; or” for period at end, could not be executed after amendment by Pub. L. 110–140, § 306(b)(2). See below.
Enacted provision · exact public law section
(2) in paragraph (5), by striking the period at the end and inserting “; or”; and
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 306(b)(2) · 121 Stat. 1492
Substituted · 42 U.S.C. § 6302(a)(5)
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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(2) in paragraph (5), by striking “part.” and inserting “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”; and
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 321(e)(3) · 121 Stat. 1492
Added · 42 U.S.C. § 6302(a)(6)
Pub. L. 110–140, § 321(e)(3), added par. (6) relating to prohibition of distribution in commerce of certain adapters
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 110–140, § 321(e)(3), added par. (6) relating to prohibition of distribution in commerce of certain adapters.
Enacted provision · exact public law section
(3) by adding at the end the following: “(6) 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.” .
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2007
Energy Independence and Security Act of 2007
Pub. L. 110–140 § 306(b)(3) · 121 Stat. 1492
Added · 42 U.S.C. § 6302(a)(6)
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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.
Enacted provision · exact public law section
(3) by adding at the end the following: “(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.” .
Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
2015
Energy Efficiency Improvement Act of 2015
Pub. L. 114–11 title II § 201(2) · 129 Stat. 182
1. Redesignated · 42 U.S.C. § 6302(a)(6)(8)
  Pub. L. 114–11 redesignated par. (6) relating to prohibition of distribution in commerce of certain adapters as (7)
2. Added · 42 U.S.C. § 6302(a)(6)(8)
  Pub. L. 114–11 added par. (8)
Source evidence
Code amendment note
Subsec. (a)(6) to (8). Pub. L. 114–11 redesignated par. (6) relating to prohibition of distribution in commerce of certain adapters as (7) and added par. (8).
Enacted provision · exact public law section
(2) in section 332(a) (42 U.S.C. 6302(a))— (A) in paragraph (5), by striking “or” at the end; (B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (C) by redesignating the second paragraph (6) as paragraph (7); (D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting “; or”; and (E) by adding at the end the following: “(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) to knowingly remove or render illegible the label of a grid-enabled water heater described in section 325(e)(6)(A)(ii)(V).” ;

12 of 12 references resolved to an enrolled provision

Editorial Notes

Amendments1987–2015 · 3 rounds

2015

Subsec. (a)(6) to (8). Pub. L. 114–11 redesignated par. (6) relating to prohibition of distribution in commerce of certain adapters as (7) and added par. (8).

2007

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

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

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

Subsec. (a)(6). Pub. L. 110–140, § 321(e)(3), 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.

1987

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

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

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

Credits

1975–2015 · 4 acts

1975Pub. L. 94–163, title III, § 332, Dec. 22, 1975, 89 Stat. 928
1987Pub. L. 100–12, § 11(a)(3), (b)(5), Mar. 17, 1987, 101 Stat. 125
2007Pub. L. 110–140, title III, §§ 306(b), 321(e), Dec. 19, 2007, 121 Stat. 1559, 1586
2015Pub. L. 114–11, title II, § 201(2), Apr. 30, 2015, 129 Stat. 188.

Show as published

(Pub. L. 94–163, title III, § 332, Dec. 22, 1975, 89 Stat. 928; Pub. L. 100–12, § 11(a)(3), (b)(5), Mar. 17, 1987, 101 Stat. 125; Pub. L. 110–140, title III, §§ 306(b), 321(e), Dec. 19, 2007, 121 Stat. 1559, 1586; Pub. L. 114–11, title II, § 201(2), Apr. 30, 2015, 129 Stat. 188.)