Federal Trade Commission § 305.4

(D) A colored as defined at 42 U.S.C. GENERAL 6291(30); (E) An lamp; § 305.4 Prohibited acts. (F) A left-hand thread lamp; (G) A marine lamp; (a) It shall be unlawful and subject to (H) A marine signal service lamp; the enforcement penalties of section (I) A mine service lamp; 333 of the Act, as adjusted for inflation (J) A plant light lamp; pursuant to § 1.98 of this chapter, for (K) A rough service lamp as defined at 42 each unit of any new covered product U.S.C. 6291(30); to which the part applies: (L) A shatter-resistant lamp (including a (1) For any manufacturer or private shatter-proof lamp and a shatter-protected labeler knowingly to distribute in com- lamp); merce any new covered product unless (M) A sign service lamp; such covered product is marked and/or (N) A silver bowl lamp; (O) A showcase lamp; labeled in accordance with this part (P) A traffic signal lamp; with a marking, label, hang tag, or en- (Q) A vibration service lamp as defined at ergy fact sheet which conforms to the 42 U.S.C. 6291(30); provisions of the Act and this part. (R) A G shape lamp (as defined in ANSI (2) For any manufacturer, dis- C78.20–2003 and C79.1–2002) with a diameter of tributor, retailer, or private labeler 5 inches or more; knowingly to remove or render illegi- (S) A T shape lamp (as defined in ANSI ble any marking or label required to be C78.20–2003 and C79.1–2002) and that uses not provided with such product by this more than 40 watts or has a length of more than 10 inches; or part. (T) A B, BA, CA, F, G16–1/2, G–25, G30, S, or (3) For any manufacturer or private M–14 lamp (as defined in ANSI C79.1–2002 and labeler knowingly to distribute in com- ANSI C78.20–2003) of 40 watts or less. merce any new covered product, if (4) Incandescent reflector lamp means a lamp there is not included (i) on the label, described in paragraph (n)(1)(ii) of this sec- (ii) separately attached to the product, tion; and or (iii) shipped with the product, addi- (5) - means a gas- tional information relating to energy filled tungsten filament incandescent lamp consumption or energy efficiency containing a certain proportion of halogens in an inert gas. which conforms to the requirements in (o) Light-emitting diode (LED) means a p-n this part. junction solid state device the radiated out- (b) It shall be unlawful and subject to put of which is a function of the physical the enforcement penalties of section construction, material used, and exciting 333 of the Act, as adjusted for inflation current of the device. The output of a light- pursuant to § 1.98 of this chapter, for emitting diode may be in— any manufacturer or private labeler (1) The infrared region; knowingly to: (2) The visible region; or (3) The ultraviolet region. (1) Refuse a request by the Commis- (p) Organic light-emitting diode (OLED) sion or its designated representative means a thin-film light-emitting device that for access to, or copying of, records re- typically consists of a series of organic lay- quired to be supplied under this part. ers between 2 electrical contacts (elec- (2) Refuse to make reports or provide trodes). upon request by the Commission or its (q) General service light-emitting diode (LED designated representative any informa- or OLED) lamp means any light-emitting tion required to be supplied under this diode (LED or OLED) lamp that: part. (1) Is a consumer product; (2) Is intended for general service applica- (3) Refuse upon request by the Com- tions; mission or its designated representa- (3) Has a medium screw base; tive to permit a representative des- (4) Has a lumen range of not less than 310 ignated by the Commission to observe lumens and not more than 2,600 lumens; and any testing required by this part while (5) Is capable of being operated at a voltage such testing is being conducted or to range at least partially within 110 and 130 inspect the results of such testing. This volts. section shall not limit the Commission from requiring additional testing under * * * * * this part.

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(4) Refuse, when requested by the (2) Effective 180 days after an amend- Commission or its designated rep- ed or new test procedure applicable to resentative, to supply at the manufac- a covered product is prescribed or es- turer’s expense, no more than two of tablished under section 323(b) of the each model of each covered product to Act, 42 U.S.C. 6293(b), it shall be an un- any laboratory designated by the Com- fair or deceptive act or practice in vio- mission for the purpose of ascertaining lation of section 5(a)(1) of the Federal whether the information in catalogs or Trade Commission Act, 15 U.S.C. set out on the label or marked on the 45(a)(1), for any manufacturer, dis- product as required by this part is ac- tributor, retailer or private labeler to curate. This action will be taken only make any representation in or affect- after review of a manufacturer’s test- ing commerce, in writing (including a ing records and an opportunity to re- representation on a label) or in any validate test data has been extended to broadcast advertisement, with respect the manufacturer. to the energy use or efficiency or, in (5) Distribute in commerce any cata- the case of showerheads, faucets, water log containing a listing for a covered closets and urinals, water use of such product without the information re- product, or cost of energy consumed by quired by § 305.20 of this part. This sub- such product, unless the product has section shall also apply to distributors been tested in accordance with such and retailers. amended or new test procedures and such representation fairly discloses the (c) Pursuant to section 333(c) of the results of such testing. This require- Act, it shall be an unfair or deceptive ment is not limited to consumer appli- act or practice in violation of section ance products covered by the labeling 5(a)(1) of the Federal Trade Commis- requirements of this part. sion Act (15 U.S.C. 45(a)(1)) for any (3) Any manufacturer, distributor, re- manufacturer, distributor, retailer, or tailer, or private labeler may file a pe- private labeler in or affecting com- tition with the Commission not later merce to display or distribute at point than sixty (60) days before the expira- of sale any printed material applicable tion of the period involved for an ex- to a covered product under this rule if tension of the 180 day period. If the such printed material does not contain Commission finds that the require- the information required by § 305.19. ments would impose an undue hardship This requirement does not apply to any on the petitioner, the Commission may broadcast advertisement or to any ad- extend the 180 day period with respect vertisement in a newspaper, magazine, to the petitioner up to an additional or other periodical. 180 days. (d)(1) It shall be an unfair or decep- (e) This part shall not apply to: tive act or practice in violation of sec- (1) Any covered product if it is manu- tion 5(a)(1) of the Federal Trade Com- factured, imported, sold, or held for mission Act, 15 U.S.C. 45(a)(1), for any sale for export from the United States, manufacturer, distributor, retailer or so long as such product is not in fact private labeler to make any represen- distributed in commerce for use in the tation in or affecting commerce, in United States, and such covered prod- writing (including a representation on uct or the container thereof bears a a label) or in any broadcast advertise- stamp or label stating that such cov- ment, with respect to the energy use or ered product is intended for export. efficiency or, in the case of (2) Any covered product, other than showerheads, faucets, water closets, central air conditioners, pulse combus- and urinals, water use of a covered tion and condensing furnaces, fluores- product to which a test procedure is cent lamp ballasts, showerheads, fau- applicable under section 323 of the Act, cets, water closets, urinals, pool heat- 42 U.S.C. 6293, or the cost of energy ers, instantaneous water heaters, heat consumed by such product, unless such pump water heaters, general service product has been tested in accordance fluorescent , medium base com- with such test procedure and such rep- pact fluorescent lamps, and general resentation fairly discloses the results service incandescent lamps (including of such testing. incandescent reflector lamps), if the

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manufacture of the product was com- (1) The having of actual knowledge, pleted prior to May 19, 1980. Any cen- or tral air conditioner or any pulse com- (2) The presumed having of knowl- bustion or condensing furnace if its edge deemed to be possessed by a rea- manufacture was completed prior to sonable person who acts in the cir- June 7, 1988. Any bal- cumstances, including knowledge ob- last if its manufacture was completed tainable upon the exercise of due care. prior to January 1, 1990. Any [52 FR 46894, Dec. 10, 1987, as amended at 54 showerhead, faucet, water closet or uri- FR 28035, July 5, 1989; 58 FR 54964, Oct. 25, nal if its manufacture was completed 1993; 59 FR 49563, Sept. 28, 1994; 59 FR 67526, prior to October 24, 1994. Any pool heat- Dec. 29, 1994; 61 FR 54549, Oct. 21, 1996; 72 FR er, instantaneous water heater, or heat 49966, Aug. 29, 2007] pump water heater if its manufacture TESTING was completed prior to December 29, 1994. Any general service fluorescent § 305.5 Determinations of estimated lamp, medium base compact fluores- annual energy consumption, esti- cent lamp, or general service incandes- mated annual operating cost, and cent lamp (including any incandescent energy efficiency rating, and of reflector lamp), if its manufacture was water use rate. completed prior to May 15, 1995. (a) Procedures for determining the (3) Any catalog or point-of-sale print- estimated annual energy consumption, ed material pertaining to any covered the estimated annual operating costs, products that were manufactured prior the energy efficiency ratings, and the to May 19, 1980; any catalog or point-of- efficacy factors of the following cov- sale printed material pertaining to any ered products are those located in 10 central air conditioners or pulse com- CFR part 430, subpart B. For the fol- bustion or condensing furnaces manu- lowing list of covered products, the re- factured prior to June 7, 1988; any cata- quirements of this part apply only to log or point-of-sale printed material products for which the Department of pertaining to any fluorescent lamp bal- Energy has adopted and published test lasts manufactured prior to June 23, procedures for measuring energy usage 1989; any catalog or point-of-sale print- or efficiency. ed material pertaining to any (1) Refrigerators and refrigerator- showerheads, faucets, water closets or freezers—§ 430.23(a). (2) Freezers—§ 430.23(b). urinals manufactured prior to October (3) Dishwashers—§ 430.23(c). 24, 1994; any catalog or point-of-sale (4) Water heaters—§ 430.23(e). printed material pertaining to any pool (5) Room air conditioners—§ 430.23(f). heaters, instantaneous water heaters, (6) Clothes washers—§ 430.23(j). or heat pump water heaters manufac- (7) Central air conditioners and heat tured prior to December 29, 1994; or any pumps—§ 430.23(m). catalog or point-of-sale printed mate- (8) Furnaces—§ 430.23(n). rial pertaining to general service fluo- (9) Pool Heaters—§ 430.23(p) rescent lamps, medium base compact (10) Fluorescent lamp ballasts— fluorescent lamps, or general service § 430.23(q). incandescent lamps (including incan- (11) Ceiling Fans—§ 430.23. descent reflector lamps), that were (b) Manufacturers and private label- manufactured prior to May 15, 1995; ex- ers of any covered product that is a cept that any representations respect- general service fluorescent lamp, me- ing the energy consumption, energy ef- dium base , ficiency, or water use of any covered or general service incandescent lamp product or other consumer appliance (including an incandescent reflector product, or respecting the cost of en- lamp), must, for any representation of ergy consumed or water used by such the design voltage, wattage, light out- product, are subject to the require- put or life of such lamp or for any rep- ments of paragraph (d) of this section. resentation made by the encircled ‘‘E’’ (f) As used in paragraphs (a) and (b) that such a lamp is in compliance with of this section, the term knowingly an applicable standard established by means: section 325 of the Act, possess and rely

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