[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR305.11]
[Page 258-267]
TITLE 16--COMMERCIAL PRACTICES
CHAPTER I--FEDERAL TRADE COMMISSION
PART 305_RULE CONCERNING DISCLOSURES REGARDING ENERGY CONSUMPTION
Sec. 305.11 Labeling for covered products.
(a) Labels for covered products other than fluorescent lamp
ballasts, general service fluorescent lamps, medium base compact
fluorescent lamps, general service incandescent lamps (including
incandescent reflector lamps), showerheads, faucets, water closets and
urinals--(1) Layout. All energy labels for each category of covered
product shall use one size, similar colors and typefaces with consistent
positioning of headline, copy and charts to maintain uniformity for
immediate consumer recognition and readability. Trim size dimensions for
all labels shall be as follows: width must be between 5\1/4\ inches and
5\1/2\ inches (13.34 cm. and 13.97 cm.); length must be 7\3/8\ inches
(18.73 cm.). Copy is to be set between 27 picas and 29 picas and copy
page should be centered (right to left and top to bottom). Depth is
variable but should follow closely the prototype labels appearing at the
end of this part illustrating the basis layout. All positioning,
spacing, type sizes and line widths should be similar to and consistent
with the prototype labels.
(2) Type style and setting. The Helvetica Condensed series typeface
or equivalent shall be used exclusively on the label. Specific sizes and
faces to be used are indicated on the prototype labels. No hyphenation
should be used in setting headline or copy text. Positioning and spacing
should follow the prototypes closely. Generally, text must be set flush
left with two points leading except where otherwise indicated. Helvetica
Condensed Regular shall be used for all copy except the large number
indicating the estimated annual energy consumption or energy efficiency
rating, which shall be in Helvetica Condensed Black, and all other
numerals and letters used in immediate connection with the Energy
Efficiency Scale, which shall be in Helvetica Condensed Bold. See the
prototype labels for specific directions.
(3) Colors. The basic colors of all labels shall be process yellow
or equivalent and process black. The label shall be printed full bleed
process yellow. All type and graphics shall be print process black.
(4) Paper stock--(i) Adhesive labels. All adhesive labels should be
applied so they can be easily removed without the use of tools or
liquids, other than water, but should be applied with an adhesive with
an adhesion capacity sufficient to prevent their dislodgment during
normal handling throughout the chain of distribution to the retailer or
consumer. The paper stock for pressure-sensitive or other adhesive
labels shall have a basic weight of not less than 58 pounds per 500
sheets (25x38) or equivalent, exclusive of the
release liner and adhesive. A minimum peel adhesion capacity for the
adhesive of 12 ounces per square inch is suggested, but not required if
the adhesive can otherwise meet the above standard. The pressure-
sensitive adhesive shall
[[Page 259]]
be applied in no fewer than two strips not less than 0.5 inches (1.27
cm.) wide. The strips shall be within 0.25 inches (.64 cm.) of the
opposite edges of the label. For a ``flap-tag'' label, the pressure-
sensitive adhesive shall be applied in one strip not less that 0.5
inches (1.27 cm.) wide. The strip shall be within 0.25 inches (.64 cm.)
of the top edge of the label.
(ii) Hang tags. The paper stock for hang tags shall have a basic
weight of not less than 110 pounds per 500 sheets (25\1/
2\x30\1/2\ index). When materials are used to
attach the hang tags to appliance products, the materials shall be of
sufficient strength to insure that if gradual pressure is applied to the
hang tag by pulling it away from where it is affixed to the product, the
hang tag will tear before the material used to affix the hang tag to the
product breaks.
(5) Contents--(i) Labels for refrigerators, refrigerator-freezers,
freezers, dish washers, clothes washers, water heaters and room air
conditioners. (A) Headlines and texts, as illustrated in the Prototype
Labels in Appendix L to this Part, are standard for all labels except
clothes washer labels, which must have the text and features described
in 305.11(a)(5)(i)(L) of this part.
(B) Name of manufacturer or private labeler shall, in the case of a
corporation, be deemed to be satisfied only by the actual corporate
name, which may be preceded or followed by the name of the particular
division of the corporation. In the case of an individual, partnership,
or association, the name under which the business is conducted shall be
used. Inclusion of the name of the manufacturer or private labeler is
optional at the discretion of the manufacturer or private labeler.
(C) Model number(s) will be the designation given by the
manufacturer or private labeler.
(D) Capacity or size is that determined in accordance with Sec.
305.7.
(E) Estimated annual energy consumption for refrigerators,
refrigerator-freezers, freezers, clothes washers, dishwashers and water
heaters and energy efficiency ratings for room air conditioners are as
determined in accordance with Sec. 305.5.
(F) Ranges of comparability and of estimated annual energy
consumption and energy efficiency ratings, as applicable, are found in
the appropriate appendices accompanying this part.
(G) Placement of the labeled product on the scale shall be
proportionate to the lowest and highest estimated annual energy
consumption or energy efficiency ratings forming the scale.
(H) Labels must contain a statement disclosing the product's
estimated annual operating cost derived using the DOE National Average
Representative Unit Cost for the appropriate fuel that was current when
the label was printed. The statement must disclose the specific cost per
unit for the fuel and the year DOE published it.
(1) For refrigerators, refrigerator-freezers, freezers, and water
heaters, the statement will read as follows (fill in the blanks with the
appropriate appliance name, the operating cost, the year, and the energy
cost figures):
[Refrigerators, or Freezers, or Water Heaters] using more energy cost
more to operate.
This model's estimated yearly operating cost is: [Cost figure will be
boxed] Based on a [Year] U.S. Government national average cost of $----
per [kWh, therm, or gallon] for [electricity, natural gas, propane, or
oil]. Your actual operating cost will vary depending on your local
utility rates and your use of the product.
(2) For clothes washers and dishwashers, the statement will read as
follows (fill in the blanks with the appropriate appliance name, the
operating cost, the number of loads per week, the year, and the energy
cost figures): [Clothes Washers, or Dishwashers] using more energy cost
more to operate. This model's estimated yearly operating cost is:
[Electric cost figure will be boxed] when used with an electric water
heater [Gas cost figure will be boxed] when used with a natural gas
water heater. Based on [4 washloads a week for dishwashers, or 8
washloads a week for clothes washers], and a [Year] U.S. Government
national average cost of $-- per kWh for electricity and $-- per therm
for natural gas. Your actual operating cost will vary depending on your
local utility rates and your use of the product.
[[Page 260]]
(3) For room air conditioners, the statement will read as follows
(fill in the blanks with the appropriate operating cost, the year, and
the energy cost figures):
More efficient air conditioners cost less to operate.
This model's estimated yearly operating cost is: [Cost figure will be
boxed] Based on a [Year] U.S. Government national average cost of $----
per kWh for electricity. Your actual operating cost will vary depending
on your local utility rates and your use of the product.
(I) The following statement shall appear at the bottom of the label:
Important: Removal of this label before consumer purchase violates the
Federal Trade Commission's Appliance Labeling Rule (16 CFR Part 305).
(J) A statement that the estimated annual energy consumption and
energy efficiency ratings, as applicable, are based on U.S. Government
standard tests is required on all labels, as indicated in the prototype
labels.
(K) No marks or information other than that specified in this part
shall appear on or directly adjoining this label, except a part or
publication number identification may be included on this label, as
desired by the manufacturer, and the energy use disclosure labels
required by the governments of Canada or Mexico may appear directly
adjoining this label, as desired by the manufacturer. If a manufacturer
elects to use a part or publication number, it must appear in the lower
right-hand corner of the label and be set in 6-point type or smaller.
(L) Clothes washer labels must have the headlines and texts as
illustrated in Prototype Label 2 of Appendix L of this Part. In
particular, clothes washer labels must have the following headline as
illustrated in Prototype Label 2: ``Compare the energy use of this
clothes washer only with other models tested using the 2004 test
procedure.'' In addition to the requirements for other labels, clothes
washer labels must have a 10/16 inch (1.59 cm.) in height, process black
bar across the top that contains the following text in process yellow as
illustrated in Prototype Label 2: ``This model has been tested using the
2004 test procedure. Compare only with models displaying this
statement.''
(ii) Labels for furnaces and pool heaters. (A) The headline, as
illustrated in Figure 3, is standard for all labels.
(B) Name of manufacturer or private labeler shall, in the case of a
corporation, be deemed to be satisfied only by the actual corporate
name, which may be preceded or followed by the name of the particular
division of the corporation. In the case of an individual, partnership,
or association, the name under which the business is conducted shall be
used. Inclusion of the name of the manufacturer or private labeler is
optional at the discretion of the manufacturer or private labeler.
(C) The annual fuel utilization efficiency for furnaces and the
thermal efficiency for pool heaters are determined in accordance with
Sec. 305.5.
(D) Each furnace and pool heater label shall contain a generic range
consisting of the lowest and highest annual fuel utilization
efficiencies (for furnaces) or thermal efficiencies (for pool heaters)
for all furnaces or pool heaters that utilize the same energy source.
(E) Placement of the labeled product on the scale shall be
proportionate to the lowest and highest annual fuel utilization
efficiency ratings or thermal efficiency ratings forming the scale.
(F) The following statement shall appear on furnace labels beneath
the range(s) in bold print:
Federal law requires the seller or installer of this appliance to make
available a fact sheet or directory giving further information regarding
the efficiency and operating cost of this equipment. Ask for this
information.
(G) A statement that the annual fuel utilization efficiency ratings
or thermal efficiency ratings are based on U.S. Government standard
tests is required on all labels.
(H) The following statement shall appear at the bottom of the label:
Important: Removal of this label before consumer purchase violates the
Federal Trade Commission's Appliance Labeling Rule (16 CFR Part 305).
(I) No marks or information other than that specified in this part
shall appear on or directly adjoining this label, except a part or
publication
[[Page 261]]
number identification may be included on this label, as desired by the
manufacturer, and the energy use disclosure labels required by the
governments of Canada or Mexico may appear directly adjoining this
label, as desired by the manufacturer. If a manufacturer elects to use a
part or publication number, it must appear in the lower right-hand
corner of the label and be set in 6-point type or smaller.
(J) Manufacturers of boilers that are shipped without jackets must
label their products with hang-tags that also have adhesive backing on
them that complies with the specifications contained in Sec.
305.11(a)(4).
(K) Manufacturers of boilers shipped with more than one input nozzle
to be installed in the field must label such boilers with the AFUE of
the system when it is set up with the nozzle that results in the lowest
annual fuel utilization efficiency rating.
(L) Manufacturers that ship out boilers that may be set up as either
steam or hot water units must label the boilers with the AFUE rating
derived by conducting the required test on the boiler as a hot water
unit.
(iii) Labels for central air conditioners. (A) The headline, as
illustrated in Figures 4, 5 and 6, is standard for all labels.
(B) Name of manufacturer or private labeler shall, in the case of a
corporation, be deemed to be satisfied only by the actual corporate
name, which may be preceded or followed by the name of the particular
division of the corporation. In the case of an individual, partnership,
or association, the name under which the business is conducted shall be
used. Inclusion of the name of the manufacturer or private labeler is
optional at the discretion of the manufacturer or private labeler.
(C) The seasonal energy efficiency ratio for the cooling function of
central air conditioners is determined in accordance with Sec. 305.5.
For the heating function, the heating seasonal performance factor shall
be calculated for heating Region IV for the standardized design heating
requirement nearest the capacity measured in the High Temperature Test
in accordance with Sec. 305.5. In addition, the energy efficiency
rating(s) for split system condenser-evaporator coil combinations shall
be either:
(1) The energy efficiency rating of the condenser-evaporator coil
combination that is the particular manufacturer's most commonly sold
combination for that condenser model; or
(2) The energy efficiency rating of the actual condenser-evaporator
coil combination comprising the system to which the label is to be
attached.
(D)(1) Each cooling only central air conditioner label shall contain
a generic range consisting of the lowest and highest seasonal energy
efficiency ratios for all cooling only central air conditioners.
(2) Each heat pump label, except as noted in paragraph
(a)(5)(iii)(D)(3) of this section, shall contain two generic ranges. The
first range shall consist of the lowest and highest seasonal energy
efficiency ratios for the cooling side of all heat pumps. The second
range shall consist of the lowest and highest heating seasonal
performance factors for the heating side of all heat pumps.
(3) Each heating only heat pump label shall contain a generic range
consisting of the lowest and highest heating seasonal performance
factors for all heating only heat pumps.
(E) Placement of the labeled product on the scale shall be
proportionate to the lowest and highest efficiency ratings forming the
scale.
(F) The following statement shall appear on the label beneath the
range(s) in bold print:
Federal law requires the seller or installer of this appliance to make
available a fact sheet or directory giving further information regarding
the efficiency and operating cost of this equipment. Ask for this
information.
(G) A statement that the efficiency ratings are based on U.S.
Government standard tests is required on all labels.
In addition, all labels disclosing energy efficiency ratings for the
``most common'' condenser-evaporator coil combinations must contain one
of the following three statements:
(1) For labels disclosing the seasonal energy efficiency ratio for
cooling, the statement should read:
This energy rating is based on U.S. Government standard tests of this
condenser model combined with the most common coil. The rating may vary
slightly with different coils.
[[Page 262]]
(2) For labels disclosing both the seasonal energy efficiency ratio
for cooling and the heating seasonal performance factor for heating, the
statement should read:
This energy rating is based on U.S. Government standard tests of this
condenser model combined with the most common coil. The rating will vary
slightly with different coils and in different geographic regions.
(3) For labels disclosing the heating seasonal performance factor
for heating, the statement should read:
This energy rating is based on U.S. Government standard tests of this
condenser model combined with the most common coil. The rating will vary
slightly with different coils and in different geographic regions.
Central air conditioner labels disclosing the efficiency ratings for
specific condenser/coil combinations do not have to contain any of the
above three statements. They must contain only the general disclosure
that the energy costs and efficiency ratings are based on U.S.
Government tests.
(H) The following statement shall appear at the bottom of the label:
Important: Removal of this label before consumer purchase violates the
Federal Trade Commission's Appliance Labeling Rule (16 CFR Part 305).
(6) Placement. Manufacturers shall affix a label to the exterior
surface on covered products in such a position that it can easily be
read while standing in front of the product as it is displayed for sale.
The label should be generally located on the upper-right-front corner of
the product, except that for low-standing products or products with
configurations that make application in that location impractical, some
other prominent location may be used. The top of the label should not
exceed 74 inches from the base of taller products. The label in the form
of a ``flap tag'' shall be adhered to the top of the appliance and bent
(folded at 90[deg]) to hang over the front, if this can be done with
assurance that it will be readily visible. Labels for split system
central air conditioners shall be affixed to the condensing unit.
(7) Use of hang tags. Information prescribed above for labels may be
displayed in the form of a hang tag, which may be used in place of an
affixed label. If a hang tag is used, it shall be affixed in such a
position that it will be prominent to a consumer examining the product.
(b) Fact sheets--(1) Distribution. (i) Except as provided in
Subsection c, manufacturers and private labelers must give distributors
and retailers, including assemblers, fact sheets for the furnaces and
central air conditioners they sell to them. Distributors must give the
fact sheets to the retailers, including assemblers, they supply. Each
fact sheet must contain the information listed in Sec. 305.11(b)(3).
(ii) Retailers, including assemblers, who sell furnaces or central
air conditioners to consumers must have fact sheets for the furnaces and
central air conditioners they sell. They must make the fact sheets
available to their customers. The fact sheets may be made available to
customers in any manner, as long as customers are likely to notice them.
For example, they can be available in a display, where customers can
take copies of them. They can be kept in a binder at a counter or
service desk, with a sign telling customers where the fact sheets are.
Retailers, including assemblers, who negotiate or make sales at a place
other than their regular places of business must show the fact sheets to
their customers and let them read the fact sheets before they agree to
purchase the product.
(2) Format. All information required to be contained in fact sheets
must be disclosed clearly and conspicuously.
(3) Contents. (i) ``Energy Guide'' headline is standard for all fact
sheets, as for labels.
(ii) Name of manufacturer or private labeler shall, in the case of a
corporation, be deemed to be satisfied only by the actual corporate
name, which may be preceded or followed by the name of the particular
division of the corporation. In the case of an individual, partnership,
or association, the name under which the business is conducted shall be
used.
(iii) Model number(s) will be the designation given by the
manufacturer or private labeler.
(iv) Capacity or size is that determined in accordance with Sec.
305.7.
[[Page 263]]
(v) Energy efficiency rating is that determined in accordance with
Sec. 305.5.
(vi) Ranges of comparability and of energy efficiency ratings are
found in section 1 of the appropriate appendices accompanying this part.
(vii) Placement of the labeled product on the scale shall be
proportionate to energy efficiency ratings of the lowest and highest
efficiency ratings forming the scale.
(viii) Yearly cost information text and tables are found in section
2 of Appendices G, H and I accompanying this part. Cost figures are to
be determined in accordance with Sec. 305.5 using the unit energy costs
found in table 1 of Sec. 305.9.
(ix) A statement that the energy costs and energy efficiency ratings
are based on U.S. Government standard tests is required in all fact
sheets.
(x) For central air conditioner fact sheets disclosing efficiency
ratings for the ``most common'' condenser-evaporator coil combinations,
the statement should be made in one of the following three ways:
(A) For fact sheets disclosing the seasonal energy efficiency ratio
for cooling, the statement should read:
This energy rating is based on U.S. Government standard tests of this
condenser model combined with the most common coil. The rating may vary
slightly with different coils.
(B) For fact sheets disclosing both the seasonal energy efficiency
ratio for cooling and the heating seasonal performance factor for
heating, the statement should read:
This energy rating is based on U.S. Government standard tests of this
condenser model combined with the most common coil. The rating will vary
slightly with different coils and in different geographic regions.
(C) For fact sheets disclosing the heating seasonal performance
factor for heating, the statement should read:
This energy rating is based on U.S. Government standard tests of this
condenser model combined with the most common coil. The rating will vary
slightly with different coils and in different geographic regions.
(xi) Central air conditioner fact sheets disclosing the efficiency
ratings for specific condenser/coil combinations do not have to contain
any of the above three statements. Instead, they must contain a general
disclosure that the energy costs and efficiency ratings are based on
U.S. Government tests.
(c) Manufacturers of furnaces and central air conditioners may elect
to disseminate information regarding the efficiencies and costs of
operation of their products by means of a directory or similar
publication, rather than on fact sheets, provided the publication meets
the following criteria:
(1) Distribution. (i) It must be distributed to substantially all
retailers and assemblers of central air conditioners and furnaces
selling or assembling models listed in the directory.
(ii) It must be made available at cost to all other interested
parties.
(2) Format. All required information must be disclosed clearly and
conspicuously.
(3) Contents. (i) Model number(s) will be the designation given by
the manufacturer or private labeler.
(ii) Capacity or size is that determined in accordance with Sec.
305.7.
(iii) Efficiency rating is that determined in accordance with Sec.
305.5.
(iv) Cost disclosures must be substantially equivalent to those
required on fact sheets.
(v) A statement that the energy costs and efficiency ratings are
based on U.S. Government standard tests.
(vi) Ranges of comparability and of energy efficiency ratings are
found in section 1 of the appropriate appendices accompanying this part.
(d) Fluorescent Lamp Ballasts and Luminaires--(1) Contents.
Fluorescent lamp ballasts that are ``covered products,'' as defined in
Sec. 305.2(o), and to which standards are applicable under section 325
of the Act, shall be marked conspicuously, in color-contrasting ink,
with a capital letter ``E'' printed within a circle. Packaging for such
fluorescent lamp ballasts, as well as packaging for luminaires into
which they are incorporated, shall also be marked conspicuously with a
capital letter ``E'' printed within a circle. For purposes of this
section, the encircled capital letter ``E'' will be deemed
``conspicuous,'' in terms of size, if it is as large as either the
manufacturer's name or another logo, such as the ``UL,'' ``CBM'' or
``ETL'' logos, whichever is larger, that appears on the fluorescent lamp
[[Page 264]]
ballast, the packaging for such ballast or the packaging for the
luminaire into which the covered ballast is incorporated, whichever is
applicable for purpose of labeling.
(2) Product Labeling. The encircled capital letter ``E'' on
fluorescent lamp ballasts must appear conspicuously, in color-
contrasting ink, (i.e., in a color that contrasts with the background on
which the encircled capital letter ``E'' is placed) on the surface that
is normally labeled. It may be printed on the label that normally
appears on the fluorescent lamp ballast, printed on a separate label, or
stamped indelibly on the surface of the fluorescent lamp ballast.
(3) Package Labeling. For purposes of labeling under this section,
packaging for such fluorescent lamp ballasts and the luminaires into
which they are incorporated consists of the plastic sheeting, or
``shrink-wrap,'' covering pallet loads of fluorescent lamp ballasts or
luminaires as well as any containers in which such fluorescent lamp
ballasts or the luminaires into which they are incorporated are marketed
individually or in small numbers. The encircled capital letter ``E'' on
packages containing fluorescent lamp ballasts or the luminaires into
which they are incorporated must appear conspicuously, in color-
contrasting ink, on the surface of the package on which printing or a
label normally appears. If the package contains printing on more than
one surface, the label must appear on the surface on which the product
inside the package is described. The encircled capital letter ``E'' may
be printed on the surface of the package, printed on a label containing
other information, printed on a separate label, or indelibly stamped on
the surface of the package. In the case of pallet loads containing
fluorescent lamp ballasts or the luminaires into which they are
incorporated, the encircled capital letter ``E'' must appear
conspicuously, in color-contrasting ink, on the plastic sheeting, unless
clear plastic sheeting is used and the encircled capital letter ``E'' is
legible underneath this packaging. The encircled capital letter ``E''
must also appear conspicuously on any documentation that would normally
accompany such a pallet load. The encircled capital letter ``E'' may
appear on a label affixed to the sheeting or may be indelibly stamped on
the sheeting. It may be printed on the documentation, printed on a
separate label that is affixed to the documentation or indelibly stamped
on the documentation.
(e) Lamps--(1)(i) Any covered product that is a compact fluorescent
lamp or general service incandescent lamp (including an incandescent
reflector lamp) shall be labeled clearly and conspicuously on the
product's principal display panel with the following information:
(A) The number of lamps included in the package, if more than one;
(B) The design voltage of each lamp included in the package, if
other than 120 volts;
(C) The light output of each lamp included in the package, expressed
in average initial lumens;
(D) The electrical power consumed (energy used) by each lamp
included in the package, expressed in average initial wattage;
(E) The life of each lamp included in the package, expressed in
hours.
(ii) The light output, energy usage and life ratings of any covered
product that is a medium base compact fluorescent lamp or general
service incandescent lamp (including an incandescent reflector lamp),
shall appear in that order and with equal clarity and conspicuousness on
the product's principal display panel. The light output, energy usage
and life ratings shall be disclosed in terms of ``lumens,'' ``watts''
and ``hours'' respectively, with the lumens, watts and hours rating
numbers each appearing in the same type style and size and with the
words ``lumens,'' ``watts'' and ``hours'' each appearing in the same
type style and size. The words ``light output,'' ``energy used'' and
``life'' shall precede and have the same conspicuousness as both the
rating numbers and the words ``lumens,'' ``watts'' and ``hours,'' except
that the letters of the words ``lumens,'' ``watts'' and ``hours'' shall
be approximately 50% of the sizes of those used for the words ``light
output,'' ``energy used'' and ``life'' respectively.
(iii) The light output, energy usage and life ratings of any covered
product
[[Page 265]]
that is a medium base compact fluorescent lamp or general service
incandescent lamp (including an incandescent reflector lamp), shall be
measured at 120 volts, regardless of the lamp's design voltage. If a
lamp's design voltage is 125 volts or 130 volts, the disclosures of the
wattage, light output and life ratings shall in each instance be:
(A) At 120 volts and followed by the phrase ``at 120 volts.'' In
such case, the labels for such lamps also may disclose the lamp's
wattage, light output and life at the design voltage (e.g., ``Light
Output 1710 Lumens at 125 volts''); or
(B) At the design voltage and followed by the phrase ``at (125
volts/130 volts)'' if the ratings at 120 volts are disclosed clearly and
conspicuously on another panel of the package, and if all panels of the
package that contain a claimed light output, wattage or life clearly and
conspicuously identify the lamp as ``(125 volt/130 volt),'' and if the
principal display panel clearly and conspicuously discloses the
following statement:
This product is designed for (125/130) volts. When used on the normal
line voltage of 120 volts, the light output and energy efficiency are
noticeably reduced. See (side/back) panel for 120 volt ratings.
(iv) For any covered product that is an incandescent reflector lamp,
the required disclosure of light output shall be given for the lamp's
total forward lumens.
(v) For any covered product that is a compact fluorescent lamp, the
required light output disclosure shall be measured at a base-up
position; but, if the manufacturer or private labeler has reason to
believe that the light output at a base-down position would be more than
5% different, the label also shall disclose the light output at the
base-down position or, if no test data for the base-down position exist,
the fact that at a base-down position the light output might be more
than 5% less.
(vi) For any covered product that is a compact fluorescent lamp or a
general service incandescent lamp (including an incandescent reflector
lamp), there shall be clearly and conspicuously disclosed on the
principal display panel the following statement:
To save energy costs, find the bulbs with the (beam spread and) light
output you need, then choose the one with the lowest watts.''
(vii) For any covered product that is a general service incandescent
lamp and operates with multiple filaments, the principal display panel
shall disclose clearly and conspicuously, in the manner required by
paragraph (e)(1)(i)-(iii) and (vi) of this section, the lamp's wattage
and light output at each of the lamp's levels of light output and the
lamp's life measured on the basis of the filament that fails first.
(2) Any covered product that is a general service fluorescent lamp
or an incandescent reflector lamp shall be labeled clearly and
conspicuously with a capital letter ``E'' printed within a circle and
followed by an asterisk. The label shall also clearly and conspicuously
disclose, either in close proximity to that asterisk or elsewhere on the
label, the following statement:
*[The encircled ``E''] means this bulb meets Federal minimum efficiency
standards.
(i) If the statement is not disclosed on the principal display
panel, the asterisk shall be followed by the following statement:
See [Back,Top, Side] panel for details.
(ii) For purposes of this paragraph (e), the encircled capital
letter ``E'' shall be clearly and conspicuously disclosed in color-
contrasting ink on the label of any covered product that is a general
service fluorescent lamp and will be deemed ``conspicuous,'' in terms of
size, if it appears in typeface at least as large as either the
manufacturer's name or logo or another logo disclosed on the label, such
as the ``UL'' or ``ETL'' logos, whichever is larger.
(3)(i) A manufacturer or private labeler who distributes general
service fluorescent lamps, compact fluorescent lamps, or general service
incandescent lamps (including incandescent reflector lamps) without
labels attached to the lamps or without labels on individual retail-sale
packaging for one or more lamps may meet the disclosure requirements of
paragraphs (e)(1) and (e)(2) of this section by making the required
disclosures, in the manner and form required by those paragraphs, on the
bulk shipping cartons that are to be
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used to display the lamps for retail sale.
(ii) Instead of labeling any covered product that is a general
service fluorescent lamp with the encircled ``E'' and with the statement
described in paragraph (e)(2) of this section, a manufacturer or private
labeler who would not otherwise put a label on such a lamp may meet the
disclosure requirements of that paragraph by permanently marking the
lamp clearly and conspicuously with the encircled ``E''.
(4) Any manufacturer or private labeler who makes any representation
on a label of any covered product that is a general service fluorescent
lamp, medium base compact fluorescent lamp, or general service
incandescent lamp (including an incandescent reflector lamp), regarding
the cost of operation of such lamp shall clearly and conspicuously
disclose in close proximity to such representation the assumptions upon
which it is based, including, e.g., purchase price, unit cost of
electricity, hours of use, patterns of use.
(5) Any cartons in which any covered products that are general
service fluorescent lamps, medium base compact fluorescent lamps, or
general service incandescent lamps (including incandescent reflector
lamps), are shipped within the United States or imported into the United
States shall disclose clearly and conspicuously the following statement:
These lamps comply with Federal energy efficiency labeling
requirements.
(f) Plumbing Fixtures--(1) Showerheads and Faucets. Showerheads and
faucets shall be marked and labeled as follows:
(i) Each showerhead and flow restricting or controlling spout end
device shall bear a permanent legible marking indicating the flow rate,
expressed in gallons per minute (gpm) or gallons per cycle (gpc), and
the flow rate value shall be the actual flow rate or the maximum flow
rate specified by the standards established in subsection (j) of section
325 of the Act, 42 U.S.C. 6295(j). Except where impractical due to the
size of the fitting, each flow rate disclosure shall also be given in
liters per minute (L/min) or liters per cycle (L/cycle). For purposes of
this section, the marking indicating the flow rate will be deemed
``legible,'' in terms of placement, if it is located in close proximity
to the manufacturer's identification marking.
(ii) Each showerhead and faucet shall bear a permanent legible
marking to identify the manufacturer. This marking shall be the trade
name, trademark, or other mark known to identify the manufacturer. Such
marking shall be located where it can be seen after installation.
(iii) Each showerhead and faucet shall be marked ``A112.18.1M'' to
demonstrate compliance with the applicable ASME standard. The marking
shall be by means of either a permanent mark on the product, a label on
the product, or a tag attached to the product.
(iv) The package for each showerhead and faucet shall disclose the
manufacturer's name and the model number.
(v) The package or any label attached to the package for each
showerhead or faucet shall contain at least the following:
``A112.18.1M'' and the flow rate expressed in gallons per minute (gpm)
or gallons per cycle (gpc), and the flow rate value shall be the actual
flow rate or the maximum flow rate specified by the standards
established in subsection (j) of section 325 of the Act, 42 U.S.C.
6295(j). Each flow rate disclosure shall also be given in liters per
minute (L/min) or liters per cycle (L/cycle).
(2) Water Closets and Urinals. Water closets and urinals shall be
marked and labeled as follows:
(i) Each such fixture (and flush omet er valve associated with such
fixture) shall bear a permanent legible marking indicating the flow
rate, expressed in gallons per flush (gpf), and the water use value
shall be the actual water use or the maximum water use specified by the
standards established in subsection (k) of section 325 of the Act, 42
U.S.C. 6295(k). Except where impractical due to the size of the fixture,
each flow rate disclosure shall also be given in liters per flush (Lpf).
For purposes of this section, the marking indicating the flow rate will
be deemed ``legible,'' in terms of placement, if it is located in close
proximity to the manufacturer's identification marking.
(ii) Each water closet (and each component of the water closet if
the fixture
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is comprised of two or more components) and urinal shall be marked with
the manufacturer's name or trademark or, in the case of private
labeling, the name or registered trademark of the customer for whom the
unit was manufactured. This mark shall be legible, readily identified,
and applied so as to be permanent. The mark shall be located so as to be
visible after the fixture is installed, except for fixtures built into
or for a counter or cabinet.
(iii) Each water closet (and each component of the water closet if
the fixture is comprised of two or more components) and urinal shall be
marked at a location determined by the manufacturer with the designation
``ASME A112.19.2M'' to signify compliance with the applicable standard.
This mark need not be permanent, but shall be visible after
installation.
(iv) The package, and any labeling attached to the package, for each
water closet and urinal shall disclose the flow rate, expressed in
gallons per flush (gpf), and the water use value shall be the actual
water use or the maximum water use specified by the standards
established in subsection (k) of section 325 of the Act, 42 U.S.C.
6295(k). Each flow rate disclosure shall also be given in liters per
flush (Lpf).
(v) With respect to any gravity tank-type white 2-piece toilet
offered for sale or sold before January 1, 1997, which has a water use
greater than 1.6 gallons per flush (gpf), any printed matter distributed
or displayed in connection with such product (including packaging and
point-of-sale material, catalog material, and print advertising) shall
include, in a conspicuous manner, the words ``For Commercial Use Only.''
(3) Annual Operating Cost Claims for Covered Plumbing Products.
Until such time as the Commission has prescribed a format and manner of
display for labels conveying estimated annual operating costs of covered
showerheads, faucets, water closets, and urinals or ranges of estimated
annual operating costs for the types or classes of such plumbing
products, the Act prohibits manufacturers from making such
representations on the labels of such covered products. 42 U.S.C.
6294(c)(8). If, before the Commission has prescribed such a format and
manner of display for labels of such products, a manufacturer elects to
provide for any such product a label conveying such a claim, it shall
submit the proposed claim to the Commission so that a format and manner
of display for a label may be prescribed.
[52 FR 46894, Dec. 10, 1987, as amended at 54 FR 28035, July 5, 1989; 59
FR 54965, Oct. 25, 1993; 59 FR 34033-34035, July 1, 1994; 59 FR 49564,
Sept. 28, 1994; 59 FR 67528, Dec. 29, 1994; 60 FR 14210, Mar. 16, 1995;
60 FR 31081, June 13, 1995; 61 FR 33653, June 28, 1996; 63 FR 38745,
July 20, 1998; 65 FR 17563, Apr. 3, 2000; 67 FR 47444, July 19, 2002; 68
FR 36463, June 18, 2003; 68 FR 55821, Sept. 20, 2003]