---
kind: "section"
citation: "42 U.S.C. § 6294"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6294"
heading: "Labeling"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6294"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter III — Improving Energy Efficiency"
  - "Part A — Energy Conservation Program for Consumer Products Other Than Automobiles"
---

# §6294. Labeling

- (a) **In general—**
  - (1) The [Commission](/usc/42/6291.md?p=18) shall prescribe labeling rules under this section applicable to all [covered products](/usc/42/6291.md?p=2) of each of the types specified in paragraphs (1), (2), (4), (6), and (8) through (12) of [section 6292(a) of this title](/usc/42/6292.md?p=a), except to the extent that, with respect to any such type (or class thereof), the [Commission](/usc/42/6291.md?p=18) determines under the second sentence of [subsection (b)(5)](#b-5) that labeling in accordance with this section is not technologically or economically feasible.
  - (2)
    - (A) The [Commission](/usc/42/6291.md?p=18) shall prescribe labeling rules under this section applicable to all [covered products](/usc/42/6291.md?p=2) of each of the types specified in paragraphs (3), (5), and (7) of [section 6292(a) of this title](/usc/42/6292.md?p=a), except to the extent that with respect to any such type (or class thereof), the [Commission](/usc/42/6291.md?p=18) determines under the second sentence of [subsection (b)(5)](#b-5) that labeling in accordance with this section is not technologically or economically feasible or is not likely to assist consumers in making purchasing decisions.
    - (B) The [Commission](/usc/42/6291.md?p=18) shall prescribe labeling rules under this section applicable to the [covered product](/usc/42/6291.md?p=2) specified in paragraph (13) of [section 6292(a) of this title](/usc/42/6292.md?p=a) and to which standards are applicable under [section 6295 of this title](/usc/42/6295.md). Such rules shall provide that the labeling of any [fluorescent lamp ballast](/usc/42/6291.md?p=29-A) manufactured on or after January 1, 1990, will indicate conspicuously, in a manner prescribed by the [Commission](/usc/42/6291.md?p=18) under [subsection (b)](#b) by July 1, 1989, a capital letter “E” printed within a circle on the [ballast](/usc/42/6291.md?p=58) and on the packaging of the [ballast](/usc/42/6291.md?p=58) or of the [luminaire](/usc/42/6291.md?p=29-F) into which the [ballast](/usc/42/6291.md?p=58) has been incorporated.
    - (C) **Metal halide lamp fixtures.—**
      - (i) **In general.—** The [Commission](/usc/42/6291.md?p=18) shall issue labeling rules under this section applicable to the [covered product](/usc/42/6291.md?p=2) specified in [section 6292(a)(19) of this title](/usc/42/6292.md?p=a-19) and to which standards are applicable under [section 6295 of this title](/usc/42/6295.md).
      - (ii) **Labeling.—** The rules shall provide that the labeling of any [metal halide lamp fixture](/usc/42/6291.md?p=64) manufactured on or after the later of January 1, 2009, or the date that is 270 days after December 19, 2007, shall indicate conspicuously, in a manner prescribed by the [Commission](/usc/42/6291.md?p=18) under [subsection (b)](#b) by July 1, 2008, a capital letter “E” printed within a circle on the packaging of the fixture, and on the [ballast](/usc/42/6291.md?p=58) contained in the fixture.
    - (D)
      - (i) Not later than 18 months after October 24, 1992, the [Commission](/usc/42/6291.md?p=18) shall prescribe labeling rules under this section applicable to [general service fluorescent lamps](/usc/42/6291.md?p=30-B), [medium base compact fluorescent lamps](/usc/42/6291.md?p=30-S-i), and [general service incandescent lamps](/usc/42/6291.md?p=30-D-i). Except as provided in [clause (ii)](#a-2-D-ii), such rules shall provide that the labeling of any [general service fluorescent lamp](/usc/42/6291.md?p=30-B), [medium base compact fluorescent lamp](/usc/42/6291.md?p=30-S-i), and [general service incandescent lamp](/usc/42/6291.md?p=30-D-i) manufactured after the 12-month period beginning on the date of the publication of such rule shall indicate conspicuously on the packaging of the lamp, in a manner prescribed by the [Commission](/usc/42/6291.md?p=18) under [subsection (b)](#b), such information as the [Commission](/usc/42/6291.md?p=18) deems necessary to enable consumers to select the most [energy](/usc/42/6291.md?p=3) efficient lamps which meet their requirements. Labeling information for [incandescent lamps](/usc/42/6291.md?p=30-C) shall be based on performance when operated at 120 volts input, regardless of the rated lamp voltage.
      - (ii) If the [Secretary](/usc/42/6202.md?p=1) determines that compliance with the standards specified in [section 6295(i) of this title](/usc/42/6295.md?p=i) for any lamp will result in the discontinuance of the [manufacture](/usc/42/6291.md?p=10) of such lamp, the [Commission](/usc/42/6291.md?p=18) may exempt such lamp from the labeling rules prescribed under [clause (i)](#a-2-D-i).
      - (iii) **Rulemaking to consider effectiveness of lamp labeling.—**
        - (I) **In general.—** Not later than 1 year after December 19, 2007, the [Commission](/usc/42/6291.md?p=18) shall initiate a rulemaking to consider—
          - (aa) the effectiveness of current lamp labeling for power levels or watts, light output or lumens, and lamp [lifetime](/usc/42/6291.md?p=30-P); and
          - (bb) alternative labeling approaches that will help consumers to understand new high-[efficiency](/usc/42/6311.md?p=13-H) lamp products and to [base](/usc/42/6291.md?p=30-H) the purchase decisions of the consumers on the most appropriate source that meets the requirements of the consumers for lighting level, light quality, lamp [lifetime](/usc/42/6291.md?p=30-P), and total lifecycle cost.
        - (II) **Completion.—** The [Commission](/usc/42/6291.md?p=18) shall—
          - (aa) complete the rulemaking not later than the date that is 30 months after December 19, 2007; and
          - (bb) consider reopening the rulemaking not later than 180 days before the effective dates of the standards for [general service incandescent lamps](/usc/42/6291.md?p=30-D-i) established under [section 6295(i)(1)(A) of this title](/usc/42/6295.md?p=i-1-A), if the [Commission](/usc/42/6291.md?p=18) determines that further labeling changes are needed to help consumers understand lamp alternatives.
    - (E)
      - (i) Not later than one year after October 24, 1992, the [Commission](/usc/42/6291.md?p=18) shall prescribe labeling rules under this section for [showerheads](/usc/42/6291.md?p=31-D) and [faucets](/usc/42/6291.md?p=31-E) to which standards are applicable under subsection (j) of [section 6295 of this title](/usc/42/6295.md). Such rules shall provide that the labeling of any [showerhead](/usc/42/6291.md?p=31-D) or [faucet](/usc/42/6291.md?p=31-E) manufactured after the 12-month period beginning on the date of the publication of such rule shall be consistent with the marking and labeling requirements of [ASME](/usc/42/6291.md?p=31-B) A112.18.1M–1989, except that each [showerhead](/usc/42/6291.md?p=31-D) 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 6295 of this title](/usc/42/6295.md).
      - (ii) If the marking and labeling requirements of [ASME](/usc/42/6291.md?p=31-B) A112.18.1M–1989 are revised at any time and approved by [ANSI](/usc/42/6291.md?p=31-C), the [Commission](/usc/42/6291.md?p=18) shall amend the labeling rules established pursuant to [clause (i)](#a-2-E-i) to be consistent with such revised [ASME](/usc/42/6291.md?p=31-B)/[ANSI](/usc/42/6291.md?p=31-C) requirements unless such requirements are inconsistent with the purposes of this chapter or the requirement specified in [clause (i)](#a-2-E-i) requiring each [showerhead](/usc/42/6291.md?p=31-D) and flow restricting or controlling spout-end device to bear a permanent legible marking indicating the flow rate of such product.
    - (F)
      - (i) Not later than one year after October 24, 1992, the [Commission](/usc/42/6291.md?p=18) shall prescribe labeling rules under this section for [water closets](/usc/42/6291.md?p=31-F) and [urinals](/usc/42/6291.md?p=31-G) to which standards are applicable under subsection (k) of [section 6295 of this title](/usc/42/6295.md). Such rules shall provide that the labeling of any [water closet](/usc/42/6291.md?p=31-F) or [urinal](/usc/42/6291.md?p=31-G) manufactured after the 12-month period beginning on the date of the publication of such rule shall be consistent with the marking and labeling requirements of [ASME](/usc/42/6291.md?p=31-B) A112.19.2M–1990, except that each fixture (and [flushometer valve](/usc/42/6291.md?p=31-H) associated with such fixture) shall bear a permanent legible marking indicating the [water use](/usc/42/6291.md?p=31-A), expressed in gallons per flush (gpf), and the [water use](/usc/42/6291.md?p=31-A) value shall be the actual [water use](/usc/42/6291.md?p=31-A) or the maximum [water use](/usc/42/6291.md?p=31-A) specified by the standards established in subsection (k) of [section 6295 of this title](/usc/42/6295.md).
      - (ii) If the marking and labeling requirements of [ASME](/usc/42/6291.md?p=31-B) A112.19.2M–1990 are revised at any time and approved by [ANSI](/usc/42/6291.md?p=31-C), the [Commission](/usc/42/6291.md?p=18) shall amend the labeling rules established pursuant to [clause (i)](#a-2-F-i) to be consistent with such revised [ASME](/usc/42/6291.md?p=31-B)/[ANSI](/usc/42/6291.md?p=31-C) requirements unless such requirements are inconsistent with the purposes of this chapter or the requirement specified in [clause (i)](#a-2-F-i) requiring each fixture and [flushometer valve](/usc/42/6291.md?p=31-H) to bear a permanent legible marking indicating the [water use](/usc/42/6291.md?p=31-A) of such fixture or [flushometer valve](/usc/42/6291.md?p=31-H).
      - (iii) Any labeling rules prescribed under this subparagraph before January 1, 1997, shall provide that, with respect to any gravity tank-type white 2-piece toilet which has a [water use](/usc/42/6291.md?p=31-A) 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”.
    - (G)
      - (i) Not later than 90 days after August 8, 2005, the [Commission](/usc/42/6291.md?p=18) shall initiate a rulemaking to consider—
        - (I) the effectiveness of the [consumer products](/usc/42/6291.md?p=1) labeling program in assisting consumers in making purchasing decisions and improving [energy efficiency](/usc/42/6291.md?p=5); and
        - (II) changes to the labeling rules (including categorical labeling) that would improve the effectiveness of [consumer product](/usc/42/6291.md?p=1) [labels](/usc/42/6311.md?p=6).
      - (ii) Not later than 2 years after August 8, 2005, the [Commission](/usc/42/6291.md?p=18) shall complete the rulemaking initiated under [clause (i)](#a-2-G-i).
    - (H)
      - (i) Not later than 18 months after August 8, 2005, the [Commission](/usc/42/6291.md?p=18) shall issue by rule, in accordance with this section, labeling requirements for the electricity used by [ceiling fans](/usc/42/6291.md?p=49) to circulate air in a room.
      - (ii) The rule issued under [clause (i)](#a-2-H-i) shall apply to products manufactured after the later of—
        - (I) January 1, 2009; or
        - (II) the date that is 60 days after the final rule is issued.
    - (I) **Labeling requirements.—**
      - (i) **In general.—** Subject to clauses [(ii)](#a-2-I-ii) through [(iv)](#a-2-I-iv), not later than 18 months after the date of issuance of applicable Department of [Energy](/usc/42/6291.md?p=3) testing procedures, the [Commission](/usc/42/6291.md?p=18), in consultation with the [Secretary](/usc/42/6202.md?p=1) and the [Administrator](/usc/42/6341.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) (acting through the [Energy](/usc/42/6291.md?p=3) Star program), shall, by regulation, prescribe labeling or other disclosure requirements for the [energy use](/usc/42/6291.md?p=4) of—
        - (I) televisions;
        - (II) personal computers;
        - (III) cable or satellite set-top boxes;
        - (IV) stand-alone digital video recorder boxes; and
        - (V) personal computer monitors.
      - (ii) **Alternate testing procedures.—** In the absence of applicable testing procedures described in [clause (i)](#a-2-I-i) for products described in subclauses [(I)](#a-2-I-ii-I) through (V) of that clause, the [Commission](/usc/42/6291.md?p=18) may, by regulation, prescribe labeling or other disclosure requirements for a [consumer product](/usc/42/6291.md?p=1) category described in [clause (i)](#a-2-I-i) if the [Commission](/usc/42/6291.md?p=18)—
        - (I) identifies adequate non-Department of [Energy](/usc/42/6291.md?p=3) testing procedures for those products; and
        - (II) determines that labeling of, or other disclosures relating to, those products is likely to assist consumers in making purchasing decisions.
      - (iii) **Deadline and requirements for labeling.—**
        - (I) **Deadline.—** Not later than 18 months after the date of promulgation of any requirements under clause [(i)](#a-2-I-i) or [(ii)](#a-2-I-ii), the [Commission](/usc/42/6291.md?p=18) shall require labeling of, or other disclosure requirements for, electronic products described in [clause (i)](#a-2-I-i).
        - (II) **Requirements.—** The requirements prescribed under clause [(i)](#a-2-I-i) or [(ii)](#a-2-I-ii) may include specific requirements for each electronic product to be labeled with respect to the placement, size, and content of [Energy](/usc/42/6291.md?p=3) Guide [labels](/usc/42/6311.md?p=6).
      - (iv) **Determination of feasibility.—** Clause [(i)](#a-2-I-i) or [(ii)](#a-2-I-ii) shall not apply in any case in which the [Commission](/usc/42/6291.md?p=18) determines that labeling in accordance with this subsection—
        - (I) is not technologically or economically feasible; or
        - (II) is not likely to assist consumers in making purchasing decisions.
  - (3) The [Commission](/usc/42/6291.md?p=18) may prescribe a labeling rule under this section applicable to [covered products](/usc/42/6291.md?p=2) of a type specified in paragraph (20) of [section 6292(a) of this title](/usc/42/6292.md?p=a) (or a class thereof) if—
    - (A) the [Commission](/usc/42/6291.md?p=18) or the [Secretary](/usc/42/6202.md?p=1) has made a determination with respect to such type (or class thereof) that labeling in accordance with this section will assist purchasers in making purchasing decisions,
    - (B) the [Secretary](/usc/42/6202.md?p=1) has prescribed test procedures under [section 6293(b)(1)(B) of this title](/usc/42/6293.md?p=b-1-B) for such type (or class thereof), and
    - (C) the [Commission](/usc/42/6291.md?p=18) determines with respect to such type (or class thereof) that application of labeling rules under this section to such type (or class thereof) is economically and technologically feasible.
  - (4) Any determination under this subsection shall be published in the Federal Register.
  - (5)
    - (A) For [covered products](/usc/42/6291.md?p=2) described in subsections (u) through (ff) of [section 6295 of this title](/usc/42/6295.md), after a test procedure has been prescribed under [section 6293 of this title](/usc/42/6293.md), the [Secretary](/usc/42/6202.md?p=1) or the [Commission](/usc/42/6291.md?p=18), as appropriate, may prescribe, by rule, under this section labeling requirements for the products.
    - (B) In the case of products to which TP–1 standards under [section 6295(y) of this title](/usc/42/6295.md?p=y) apply, labeling requirements shall be based on the “Standard for the Labeling of [Distribution Transformer](/usc/42/6291.md?p=35-A) [Efficiency](/usc/42/6311.md?p=13-H)” prescribed by the National Electrical [Manufacturers](/usc/42/6291.md?p=12) Association ([NEMA](/usc/42/6311.md?p=16) TP–3) as in effect on August 8, 2005.
    - (C) In the case of [dehumidifiers](/usc/42/6291.md?p=34) covered under [section 6295(dd) of this title](/usc/42/6295.md?p=dd), the [Commission](/usc/42/6291.md?p=18) shall not require an “[Energy](/usc/42/6291.md?p=3) Guide” [label](/usc/42/6311.md?p=6).
  - (6) **Authority to include additional product categories.—** The [Commission](/usc/42/6291.md?p=18) may, by regulation, require labeling or other disclosures in accordance with this subsection for any [consumer product](/usc/42/6291.md?p=1) not specified in this subsection or [section 6292 of this title](/usc/42/6292.md) if the [Commission](/usc/42/6291.md?p=18) determines that labeling for the product is likely to assist consumers in making purchasing decisions.
- (b) **Rules in effect; new rules—**
  - (1)
    - (A) Any labeling rule in effect on March 17, 1987, shall remain in effect until amended, by rule, by the [Commission](/usc/42/6291.md?p=18).
    - (B) After March 17, 1987, and not later than 30 days after the date on which a proposed test procedure applicable to a [covered product](/usc/42/6291.md?p=2) of any of the types specified in paragraphs [(1)](#b-1) through (13), and paragraphs (15) through (20) of [section 6292(a) of this title](/usc/42/6292.md?p=a) (or class thereof) is prescribed under [section 6293(b) of this title](/usc/42/6293.md?p=b), the [Commission](/usc/42/6291.md?p=18) shall publish a proposed labeling rule applicable to such type (or class thereof).
  - (2) The [Commission](/usc/42/6291.md?p=18) shall afford interested [persons](/usc/42/6202.md?p=2) an opportunity to present written or oral data, views, and comments with respect to the proposed labeling rules published under [paragraph (1)](#b-1). The period for such presentations shall not be less than 45 days.
  - (3) Not earlier than 45 days nor later than 60 days after the date on which test procedures are prescribed under [section 6293(b) of this title](/usc/42/6293.md?p=b) with respect to [covered products](/usc/42/6291.md?p=2) of any type (or class thereof) specified in paragraphs (1) through (12) of [section 6292(a) of this title](/usc/42/6292.md?p=a), the [Commission](/usc/42/6291.md?p=18) shall prescribe labeling rules with respect to [covered products](/usc/42/6291.md?p=2) of such type (or class thereof). Not earlier than 45 days after the date on which test procedures are prescribed under [section 6293(b) of this title](/usc/42/6293.md?p=b) with respect to [covered products](/usc/42/6291.md?p=2) of a type specified in paragraph (20) of [section 6292(a) of this title](/usc/42/6292.md?p=a), the [Commission](/usc/42/6291.md?p=18) may prescribe labeling rules with respect to [covered products](/usc/42/6291.md?p=2) of such type (or class thereof).
  - (4) A labeling rule prescribed under [paragraph (3)](#b-3) shall take effect not later than 3 months after the date of prescription of such rule, except that such rules may take effect not later than 6 months after such date of prescription if the [Commission](/usc/42/6291.md?p=18) determines that such extension is necessary to allow [persons](/usc/42/6202.md?p=2) subject to such rules adequate time to come into compliance with such rules.
  - (5) The [Commission](/usc/42/6291.md?p=18) may delay the publication of a proposed labeling rule, or the prescription of a labeling rule, beyond the dates specified in paragraph [(1)](#b-1) or [(3)](#b-3), if it determines that it cannot publish proposed labeling rules or prescribe labeling rules which meet the requirements of this section on or prior to the date specified in the applicable paragraph and publishes such determination in the Federal Register, together with the reasons therefor. In any such case, it shall publish proposed labeling rules or prescribe labeling rules for [covered products](/usc/42/6291.md?p=2) of such type (or class thereof) as soon as practicable unless it determines (A) that labeling in accordance with this section is not economically or technically feasible, or (B) in the case of a type specified in paragraphs (3), (5), and (7) of [section 6292(a) of this title](/usc/42/6292.md?p=a), that labeling in accordance with this section is not likely to assist consumers in purchasing decisions. Any such determination shall be published in the Federal Register, together with the reasons therefor. This paragraph shall not apply to the prescription of a labeling rule with respect to [covered products](/usc/42/6291.md?p=2) of a type specified in paragraph (20) of [section 6292(a) of this title](/usc/42/6292.md?p=a).
- (c) **Content of label—**
  - (1) Subject to [paragraph (6)](#c-6), a rule prescribed under this section shall require that each [covered product](/usc/42/6291.md?p=2) in the type or [class of covered products](/usc/42/6291.md?p=9) to which the rule applies bear a [label](/usc/42/6311.md?p=6) which discloses—
    - (A) the [estimated annual operating cost](/usc/42/6291.md?p=7) of such product (determined in accordance with test procedures prescribed under [section 6293 of this title](/usc/42/6293.md)), except that if—
      - (i) the [Secretary](/usc/42/6202.md?p=1) determines that disclosure of [estimated annual operating cost](/usc/42/6291.md?p=7) is not technologically feasible, or
      - (ii) the [Commission](/usc/42/6291.md?p=18) determines that such disclosure is not likely to assist consumers in making purchasing decisions or is not economically feasible,

      the [Commission](/usc/42/6291.md?p=18) shall require disclosure of a different useful [measure of energy consumption](/usc/42/6291.md?p=8) (determined in accordance with test procedures prescribed under [section 6293 of this title](/usc/42/6293.md)); and

    - (B) information respecting the range of [estimated annual operating costs](/usc/42/6291.md?p=7) for [covered products](/usc/42/6291.md?p=2) to which the rule applies; except that if the [Commission](/usc/42/6291.md?p=18) requires disclosure under [subparagraph (A)](#c-1-A) of a [measure of energy consumption](/usc/42/6291.md?p=8) different from [estimated annual operating cost](/usc/42/6291.md?p=7), then the [label](/usc/42/6311.md?p=6) shall disclose the range of such [measure of energy consumption](/usc/42/6291.md?p=8) of [covered products](/usc/42/6291.md?p=2) to which such rule applies.
  - (2) A rule under this section shall include the following:
    - (A) A description of the type or [class of covered products](/usc/42/6291.md?p=9) to which such rule applies.
    - (B) Subject to [paragraph (6)](#c-6), information respecting the range of [estimated annual operating costs](/usc/42/6291.md?p=7) or other useful [measure of energy consumption](/usc/42/6291.md?p=8) (determined in such manner as the rule may prescribe) for such type or [class of covered products](/usc/42/6291.md?p=9).
    - (C) A description of the test procedures under [section 6293 of this title](/usc/42/6293.md) used in determining the [estimated annual operating costs](/usc/42/6291.md?p=7) or other [measure of energy consumption](/usc/42/6291.md?p=8) of the type or [class of covered products](/usc/42/6291.md?p=9).
    - (D) A prototype [label](/usc/42/6311.md?p=6) and directions for displaying such [label](/usc/42/6311.md?p=6).
  - (3) A rule under this section shall require that the [label](/usc/42/6311.md?p=6) be displayed in a manner that the [Commission](/usc/42/6291.md?p=18) determines is likely to assist consumers in making purchasing decisions and is appropriate to carry out this part. The [Commission](/usc/42/6291.md?p=18) may permit a tag to be used in lieu of a [label](/usc/42/6311.md?p=6) in any case in which the [Commission](/usc/42/6291.md?p=18) finds that a tag will carry out the purposes for which the [label](/usc/42/6311.md?p=6) was intended.
  - (4) A rule under this section applicable to a [covered product](/usc/42/6291.md?p=2) may require disclosure, in any printed matter displayed or distributed at the point of sale of such product, of any information which may be required under this section to be disclosed on the [label](/usc/42/6311.md?p=6) of such product. Requirements under this paragraph shall not apply to any broadcast advertisement or any advertisement in any newspaper, magazine, or other periodical.
  - (5) The [Commission](/usc/42/6291.md?p=18) may require that a [manufacturer](/usc/42/6291.md?p=12) of a [covered product](/usc/42/6291.md?p=2) to which a rule under this section applies—
    - (A) include on the [label](/usc/42/6311.md?p=6),
    - (B) separately attach to the product, or
    - (C) ship with the product,

    additional information relating to [energy](/usc/42/6291.md?p=3) consumption, including instructions for the maintenance, use, or repair of the [covered product](/usc/42/6291.md?p=2), if the [Commission](/usc/42/6291.md?p=18) 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](/usc/42/6291.md?p=12).

  - (6) The [Commission](/usc/42/6291.md?p=18) may delay the effective date of the requirement specified in paragraph (1)(B) of this subsection applicable to a type or class of [covered product](/usc/42/6291.md?p=2), insofar as it requires the disclosure on the [label](/usc/42/6311.md?p=6) of information respecting range of a [measure of energy consumption](/usc/42/6291.md?p=8), for not more than 12 months after the date on which the rule under this section is first applicable to such type or class, if the [Commission](/usc/42/6291.md?p=18) determines that such information will not be available within an adequate period of time before such date.
  - (7) Paragraphs (1), (2), (3), (5), and (6) of this subsection shall not apply to the [covered product](/usc/42/6291.md?p=2) specified in paragraphs (13), (14), (15), (16), (17), and (18) of [section 6292(a) of this title](/usc/42/6292.md?p=a).
  - (8) If a [manufacturer](/usc/42/6291.md?p=12) of a [covered product](/usc/42/6291.md?p=2) specified in paragraph (15) or (17) of [section 6292(a) of this title](/usc/42/6292.md?p=a) elects to provide a [label](/usc/42/6311.md?p=6) for such [covered product](/usc/42/6291.md?p=2) conveying the [estimated annual operating cost](/usc/42/6291.md?p=7) of such product or the range of [estimated annual operating costs](/usc/42/6291.md?p=7) for the type or class of such product—
    - (A) such estimated cost or range of costs shall be determined in accordance with test procedures prescribed under [section 6293 of this title](/usc/42/6293.md);
    - (B) the format of such [label](/usc/42/6311.md?p=6) shall be in accordance with a format prescribed by the [Commission](/usc/42/6291.md?p=18); and
    - (C) such [label](/usc/42/6311.md?p=6) shall be displayed in a manner, prescribed by the [Commission](/usc/42/6291.md?p=18), to be likely to assist consumers in making purchasing decisions and appropriate to carry out the purposes of this chapter.
  - (9) **Discretionary application.—** The [Commission](/usc/42/6291.md?p=18) may apply paragraphs (1), (2), (3), (5), and (6) of this subsection to the labeling of any product covered by paragraph [(2)(I)](#a-2-I) or [(6)](#a-6) of subsection (a).
- (d) **Effective date—** A rule under this section (or an amendment thereto) shall not apply to any [covered product](/usc/42/6291.md?p=2) the [manufacture](/usc/42/6291.md?p=10) of which was completed prior to the effective date of such rule or amendment, as the case may be.
- (e) **Study of certain products—** The [Secretary](/usc/42/6202.md?p=1), in consultation with the [Commission](/usc/42/6291.md?p=18), shall study [consumer products](/usc/42/6291.md?p=1) for which labeling rules under this section have not been proposed, in order to determine (1) the aggregate [energy](/usc/42/6291.md?p=3) 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](/usc/42/6202.md?p=1) shall include the results of such study in the annual report under [section 6308 of this title](/usc/42/6308.md).
- (f) **Consultation—** The [Secretary](/usc/42/6202.md?p=1) and the [Commission](/usc/42/6291.md?p=18) 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](/usc/42/6291.md?p=18) makes any determination under [subsection (a)(1)](#a-1), it shall obtain the views of the [Secretary](/usc/42/6202.md?p=1) and shall take such views into account in making such determination.
- (g) **Other authority of the Commission—** Until such time as labeling rules under this section take effect with respect to a type or class of [covered product](/usc/42/6291.md?p=2), this section shall not affect any authority of the [Commission](/usc/42/6291.md?p=18) under the Federal Trade Commission Act [[15 U.S.C. 41](/usc/15/41.md) et seq.] to require labeling with respect to [energy](/usc/42/6291.md?p=3) consumption of such type or class of [covered product](/usc/42/6291.md?p=2).

## Source credit

(Pub. L. 94–163, title III, § 324, Dec. 22, 1975, 89 Stat. 920; Pub. L. 95–619, title IV, § 425(b), (c), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3265, 3288; Pub. L. 100–12, § 11(a)(1), (b)(2), Mar. 17, 1987, 101 Stat. 124, 125; Pub. L. 100–357, § 2(d), June 28, 1988, 102 Stat. 672; Pub. L. 102–486, title I, § 123(e), Oct. 24, 1992, 106 Stat. 2822; Pub. L. 105–388, § 5(a)(4), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109–58, title I, § 137, Aug. 8, 2005, 119 Stat. 645; Pub. L. 110–140, title III, §§ 321(b), 324(d), 325, Dec. 19, 2007, 121 Stat. 1584, 1593, 1595; Pub. L. 112–210, § 10(a)(12), Dec. 18, 2012, 126 Stat. 1525; Pub. L. 115–115, § 2(c)(2), Jan. 12, 2018, 131 Stat. 2281.)

## Notes

### Editorial Notes

### References in Text

This 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, 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.

### Amendments

2018—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: 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— conduct an annual assessment of the market for general service lamps and compact fluorescent lamps— to identify trends in the market shares of lamp types, efficiencies, and light output levels purchased by residential and nonresidential consumers; and 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; 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 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. 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.”