Effective 28 Aug 2008

701.512. Testing procedures for new products — certification by manufacturers required — identification of new products in compliance required — testing and inspections — rulemaking authority. — 1. The department shall adopt procedures for testing the energy efficiency of the new products covered by sections 701.500 to 701.515. The department shall use United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally recognized test methods. The manufacturers of such products shall cause samples of their products to be tested in accordance with the test procedures adopted pursuant to sections 701.500 to 701.515.

2. Manufacturers of new products covered by sections 701.500 to 701.515 shall certify to the director that such products are in compliance with the provisions of sections 701.500 to 701.515. The director shall promulgate regulations governing the certification of such products and may coordinate with the certification program of other states with similar standards.

3. Manufacturers of new products covered by sections 701.500 to 701.515 shall identify each product offered for sale or installation in the state as in compliance with the provisions of sections 701.500 to 701.515 by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The director shall promulgate regulations governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards.

4. The director may test products covered by sections 701.500 to 701.515. If products so tested are found not to be in compliance with the minimum efficiency standards established under sections 701.500 to 701.515, the director shall:

(1) Charge the manufacturer of such product for the cost of product purchase and testing; and

(2) Make information available to the public on products found not to be in compliance with the standards.

5. The director may cause periodic inspections to be made of distributors or retailers of new products covered by sections 701.500 to 701.515 in order to determine compliance with the provisions of these sections.

6. The director is hereby granted the authority to adopt such further regulations as necessary to insure the proper implementation and enforcement of the provisions of sections 701.500 to 701.515. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

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(L. 2008 S.B. 1181, et al.)