§ 16-104. Applicability, conduct prohibited. 1. The provisions of this article apply to the testing, certification and enforcement of efficiency standards for the following new products which are sold, offered for sale or installed in New York state: (a) automatic commercial ice cube machines; (b) ceiling fan light kits; (c) commercial pre-rinse spray valves; (d) commercial refrigerators, freezers and refrigerator-freezers; (e) consumer audio and video products; (f) illuminated exit signs; (g) incandescent reflector lamps; (h) very large commercial packaged air-conditioning and heating equipment; (i) metal halide lamp fixtures; (j) pedestrian traffic signal modules; (k) power supplies; (l) torchiere lighting fixtures; (m) unit heaters (n) vehicular traffic signal modules; (o) portable light fixtures; (p) bottle-type water dispensers; (q) commercial hot food holding cabinets; (r) portable electric spas; and (s) residential pool pumps.

2. No person shall sell, offer for sale, or install in New York state any new product of the types enumerated in subdivision one of this section or any of the new products identified pursuant to subdivision four of section 16-106 of this article, unless: (a) the product meets minimum energy performance standards adopted pursuant to this article upon the effective date of such standards; and, if required by regulations promulgated pursuant to this section, (b) the manufacturer of such product certifies that the product meets said minimum energy performance standards.

3. The prohibitions contained in subdivisions one and two of this section shall not apply to: (a) products manufactured in the state and sold outside the state; (b) products manufactured outside the state and sold at wholesale inside the state for final retail sale outside the state; (c) products installed in mobile manufactured homes at the time of construction; or (d) products designed expressly for installation and use in recreational vehicles.