the Commission shall require disclosure of a different useful measure of energy consumption (determined in accordance with test procedures prescribed under section 6293 of this title); and
additional information relating to energy consumption, including instructions for the maintenance, use, or repair of the covered product, if the Commission determines that such additional information would assist consumers in making purchasing decisions or in using such product, and that such requirement would not be unduly burdensome to manufacturers.
A rule under this section (or an amendment thereto) shall not apply to any covered product the manufacture of which was completed prior to the effective date of such rule or amendment, as the case may be.
The Secretary, in consultation with the Commission, shall study consumer products for which labeling rules under this section have not been proposed, in order to determine (1) the aggregate energy consumption of such products, and (2) whether the imposition of labeling requirements under this section would be feasible and useful to consumers in making purchasing decisions. The Secretary shall include the results of such study in the annual report under section 6308 of this title.
The Secretary and the Commission shall consult with each other on a continuing basis as may be necessary or appropriate to carry out their respective responsibilities under this part. Before the Commission makes any determination under subsection (a)(1), it shall obtain the views of the Secretary and shall take such views into account in making such determination.
Until such time as labeling rules under this section take effect with respect to a type or class of covered product, this section shall not affect any authority of the Commission under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] to require labeling with respect to energy consumption of such type or class of covered product.
42 U.S.C. § 6294
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(2)(E)(ii), (F)(ii) and (c)(8)(C), was in the original "this Act", meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.The Federal Trade Commission Act, referred to in subsec. (g), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
AMENDMENTS2018- Pub. L. 115-115 substituted "(20) of section 6292(a)" for "(19) of section 6292(a)" wherever appearing. 2012-Subsec. (c)(9). Pub. L. 112-210, §10(a)(12), made technical amendment to directory language of Pub. L. 110-140, §325(b). See 2007 Amendment note below. 2007-Subsec. (a)(2)(C). Pub. L. 110-140, §324(d)(2), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (a)(2)(C)(iii). Pub. L. 110-140, §321(b), added cl. (iii).Subsec. (a)(2)(D) to (H). Pub. L. 110-140, §324(d)(1), redesignated subpars. (C) to (G) as (D) to (H), respectively.Subsec. (a)(2)(I). Pub. L. 110-140, §325(a)(1), added subpar. (I).Subsec. (a)(6). Pub. L. 110-140, §325(a)(2), added par. (6).Subsec. (c)(9). Pub. L. 110-140, §325(b), as amended by Pub. L. 112-210, §10(a)(12), added par. (9). 2005-Subsec. (a)(2)(F), (G). Pub. L. 109-58, §137(a), added subpars. (F) and (G). Subsec. (a)(5). Pub. L. 109-58, §137(b), added par. (5).1998-Subsec. (a)(2)(C)(ii). Pub. L. 105-388 substituted "section 6295(i)" for "section 6295(j)". 1992-Subsec. (a)(2)(C) to (E). Pub. L. 102-486, §123(e)(1), added subpars. (C) to (E).Subsec. (a)(3). Pub. L. 102-486, §123(e)(2), substituted "(19)" for "(14)". Subsec. (b)(1)(B). Pub. L. 102-486, §123(e)(3), substituted "(13), and paragraphs (15) through (19)" for "(14)".Subsec. (b)(3), (5). Pub. L. 102-486, §123(e)(4), substituted "(19)" for "(14)". Subsec. (c)(7). Pub. L. 102-486, §123(e)(5)(A), substituted "paragraphs (13), (14), (15), (16), (17), and (18) of section 6292(a)" for "paragraph (13) of section 6292".Subsec. (c)(8). Pub. L. 102-486, §123(e)(5)(B), added par. (8). 1988-Subsec. (a)(2). Pub. L. 100-357, §2(d)(1), designated existing provision as subpar. (A) and added subpar. (B). Subsecs. (a)(3), (b)(1)(B), (3), (5). Pub. L. 100-357, §2(d)(2), substituted "(14)" for "(13)".Subsec. (c)(7). Pub. L. 100-357, §2(d)(3), added par. (7). 1987-Subsec. (a). Pub. L. 100-12, §11(b)(2)(A), inserted heading.Subsec. (a)(1). Pub. L. 100-12, §11(a)(1)(A), substituted "paragraphs (1), (2), (4), (6), and (8) through (12)" for "paragraphs (1) through (9)". Subsec. (a)(2). Pub. L. 100-12, §11(a)(1)(B), substituted "paragraphs (3), (5), and (7)" for "paragraphs (10) through (13)". Subsec. (a)(3). Pub. L. 100-12, §11(a)(1)(C)(i), substituted "paragraph (13)" for "paragraph (14)".Subsec. (a)(3)(A). Pub. L. 100-12, §11(a)(1)(C)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: "the Commission or the Secretary has made a determination with respect to such type (or class thereof) under section 6293(a)(5)(B) of this title,".Subsec. (a)(3)(B). Pub. L. 100-12, §11(a)(1)(C)(iii), substituted "section 6293(b)(1)(B)" for "section 6293(a)(5)".Subsec. (b). Pub. L. 100-12, §11(a)(1)(D), inserted heading.Subsec. (b)(1). Pub. L. 100-12, §11(a)(1)(D), added par. (1) and struck out former par. (1) which read as follows: "Not later than 30 days after the date on which a proposed test procedure applicable to a covered product of any of the types specified in paragraphs (1) through (14) of section 6292(a) of this title (or class thereof) is published under section 6293(a) of this title, the Commission shall publish a proposed labeling rule applicable to such type (or class thereof)." Subsec. (b)(3). Pub. L. 100-12, §11(a)(1)(E), substituted "section 6293(b)" for "section 6293" in two places, "(12)" for "(13)", and "(13)" for "(14)".Subsec. (b)(5). Pub. L. 100-12, §11(a)(1)(F), substituted "(3), (5), and (7)" for "(10) through (13)" and "(13)" for "(14)".Subsec. (c). Pub. L. 100-12, §11(b)(2)(B), inserted heading.Subsec. (d). Pub. L. 100-12, §11(b)(2)(C), inserted heading.Subsec. (e). Pub. L. 100-12, §11(b)(2)(D), inserted heading.Subsec. (f). Pub. L. 100-12, §11(b)(2)(E), inserted heading. Pub. L. 100-12, §11(a)(1)(G), struck out "or (2)" after "subsection (a)(1)".Subsec. (g). Pub. L. 100-12, §11(b)(2)(F), inserted heading. 1978-Subsec. (a)(1), (2). Pub. L. 95-619, §425(b), struck out labeling rule exception where Administrator had determined under section 6293(a)(6) of this title that test procedures could not be developed pursuant to section 6293(b) of this title.Subsec. (a)(3). Pub. L. 95-619, §691(b)(2), substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration, in cls. (A) and (B).Subsec. (c)(1)(A)(i). Pub. L. 95-619, §691(b)(2), substituted "Secretary" for "Administrator".Subsec. (c)(5). Pub. L. 95-619, §425(c), inserted "including instructions for the maintenance, use, or repair of the covered product," after "energy consumption".Subsecs. (e), (f). Pub. L. 95-619, §691(b)(2), substituted "Secretary" for "Administrator" wherever appearing.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112-210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110-140 see section 10(a)(13) of Pub. L. 112-210 set out as a note under section 6291 of this title.
EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140 set out as an Effective Date note under section 1824 of Title 2, The Congress.
MARKET ASSESSMENTS AND CONSUMER AWARENESS PROGRAM Pub. L. 110-140, title III, §321(c), Dec. 19, 2007, 121 Stat. 1584, provided that:"(1) IN GENERAL.-In cooperation with the Administrator of the Environmental Protection Agency, the Secretary of Commerce, the Federal Trade Commission, lighting and retail industry associations, energy efficiency organizations, and any other entities that the Secretary of Energy determines to be appropriate, the Secretary of Energy shall-"(A) conduct an annual assessment of the market for general service lamps and compact fluorescent lamps-"(i) to identify trends in the market shares of lamp types, efficiencies, and light output levels purchased by residential and nonresidential consumers; and"(ii) to better understand the degree to which consumer decisionmaking is based on lamp power levels or watts, light output or lumens, lamp lifetime, and other factors, including information required on labels mandated by the Federal Trade Commission;"(B) provide the results of the market assessment to the Federal Trade Commission for consideration in the rulemaking described in section 324(a)(2)(C)(iii) of the Energy Policy and Conservation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and"(C) in cooperation with industry trade associations, lighting industry members, utilities, and other interested parties, carry out a proactive national program of consumer awareness, information, and education that broadly uses the media and other effective communication techniques over an extended period of time to help consumers understand the lamp labels and make energy-efficient lighting choices that meet the needs of consumers."(2) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2009 through 2012."
- Administrator
- The term "Administrator" means the Administrator of General Services.
- Secretary
- the term "Secretary" means- (A) the Secretary of Education for purposes of subtitle A (other than section 3201),(B) the Secretary of Agriculture for purposes of the amendments made by section 3201, and(C) the Secretary of Health and Human Services for purposes of subtitle B,