2017 ORS 469.255¹
Manufacturers to test products
  • test methods
  • certification of products
  • rules

(1) A manufacturer of a product specified in ORS 469.238 (Sale of products not meeting standards prohibited) that is sold or offered for sale, or installed or offered for installation, in this state shall test samples of the manufacturer’s products in accordance with the test methods specified in ORS 469.233 (Energy efficiency standards) or, if more stringent, those specified in the state building code.

(2) If the test methods for products required to be tested under this section are not provided for in ORS 469.233 (Energy efficiency standards) or in the state building code, the State Department of Energy shall adopt test methods for these products. The department shall use test methods approved by the United States Department of Energy or, in the absence of federal test methods, other appropriate nationally recognized test methods for guidance in adopting test methods. The State Department of Energy may periodically review and revise its test methods.

(3) A manufacturer of a product regulated pursuant to ORS 469.229 (Definitions for ORS 469.229 to 469.261) to 469.261 (Department to review standards), except for manufacturers of single-voltage external AC to DC power supplies, walk-in refrigerators and walk-in freezers, shall certify to the State Department of Energy that the products are in compliance with the minimum energy efficiency standards specified in ORS 469.233 (Energy efficiency standards). The department shall establish rules governing the certification of these products and may coordinate with the certification and testing programs of other states and federal agencies with similar standards.

(4)(a) The department shall establish rules governing the identification of the products that comply with the minimum energy efficiency standards specified in ORS 469.233 (Energy efficiency standards). The rules shall be coordinated to the greatest extent practicable with the labeling programs of other states and federal agencies with equivalent efficiency standards.

(b) Identification required under paragraph (a) of this subsection shall be by means of a mark, label or tag on the product and packaging at the time of sale or installation.

(c) The department shall waive marking, labeling or tagging requirements for products marked, labeled or tagged in compliance with federal requirements or for products certified pursuant to subsection (3) of this section, unless the department determines that state marking, labeling or tagging is required to provide adequate energy efficiency information to the consumer. [2005 c.437 §9; 2007 c.375 §6; 2007 c.649 §5a]

Note: See note under 469.229 (Definitions for ORS 469.229 to 469.261).

1 Legislative Counsel Committee, CHAPTER 469—Energy; Conservation Programs; Energy Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors469.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.