RCW 19.260.070 Manufacturers must test products—Certification—Rules—Identification of products—Complaints—Penalty.
(1) The manufacturers of products covered by this chapter must test samples of their products in accordance with the test procedures under this chapter or those specified in the state building code.
(2) Manufacturers of new products covered by RCW 19.260.030 shall certify to the department that the products are in compliance with this chapter. This certification must be based on test results unless this chapter does not specify a test method. The department shall establish rules governing the certification of these products and may rely on the certification programs of other states and federal agencies with similar standards.
(3) Manufacturers of new products covered by RCW 19.260.030 shall identify each product offered for sale or installation in the state as in compliance with this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The department shall establish rules governing the identification of these 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. Manufacturers of general service lamps that meet the efficiency standards under RCW 19.260.040 are not required to label each individual lamp offered for sale or installation in the state.
(4) The department may test products covered by RCW 19.260.030 and may rely on the results of product testing performed by or on behalf of other governmental jurisdictions with comparable standards. If products so tested are found not to be in compliance with the minimum efficiency standards established under RCW 19.260.040, the department shall: (a) Charge the manufacturer of the product for the cost of product purchase and testing; and (b) make information available to the public on products found not to be in compliance with the standards.
(5) The department shall obtain the test methods specified in RCW 19.260.040, which shall be available for public use at the department's energy policy offices.
(6) The department may investigate complaints received concerning violations of this chapter. Any manufacturer or distributor who violates this chapter shall be issued a warning by the director of the department for any first violation. Repeat violations are subject to a civil penalty of not more than two hundred fifty dollars a day. Penalties assessed under this subsection are in addition to costs assessed under subsection (4) of this section.
(7) The department may adopt rules as necessary to ensure the proper implementation and enforcement of this chapter.
(8) The proceedings relating to this chapter are governed by the administrative procedure act, chapter 34.05 RCW.
[ 2019 c 286 § 8; 2005 c 298 § 7.]
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