701.512. Testing procedures for new products--certification by manufacturers required--identification of new products in compliance required--testing and inspections--rulemaking authority.

MISSOURI STATUTES AND CODES

701.512. Testing procedures for new products--certification by manufacturers required--identification of new products in compliance required--testing and inspections--rulemaking authority.

Testing procedures for new products--certification by manufacturersrequired--identification of new products in compliancerequired--testing and inspections--rulemaking authority.

701.512. 1. The department shall adopt procedures for testing theenergy efficiency of the new products covered by sections 701.500 to701.515. The department shall use United States Department of Energyapproved test methods, or in the absence of such test methods, otherappropriate nationally recognized test methods. The manufacturers of suchproducts shall cause samples of their products to be tested in accordancewith the test procedures adopted pursuant to sections 701.500 to 701.515.

2. Manufacturers of new products covered by sections 701.500 to701.515 shall certify to the director that such products are in compliancewith the provisions of sections 701.500 to 701.515. The director shallpromulgate regulations governing the certification of such products and maycoordinate with the certification program of other states with similarstandards.

3. Manufacturers of new products covered by sections 701.500 to701.515 shall identify each product offered for sale or installation in thestate as in compliance with the provisions of sections 701.500 to 701.515by means of a mark, label, or tag on the product and packaging at the timeof sale or installation. The director shall promulgate regulationsgoverning the identification of such products and packaging, which shall becoordinated to the greatest practical extent with the labeling programs ofother states and federal agencies with equivalent efficiency standards.

4. The director may test products covered by sections 701.500 to701.515. If products so tested are found not to be in compliance with theminimum efficiency standards established under sections 701.500 to 701.515,the director shall:

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

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

5. The director may cause periodic inspections to be made ofdistributors or retailers of new products covered by sections 701.500 to701.515 in order to determine compliance with the provisions of thesesections.

6. The director is hereby granted the authority to adopt such furtherregulations as necessary to insure the proper implementation andenforcement of the provisions of sections 701.500 to 701.515. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, thatis created under the authority delegated in this section shall becomeeffective only if it complies with and is subject to all of the provisionsof chapter 536, RSMo, and, if applicable, section 536.028, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date, or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2008, shall be invalidand void.