Oregon Revised Statutes Chapter 469 § 469.255 — Manufacturers to test products; test methods; certification of products; rules

Manufacturers to test products; test methods; certification of products; rules. (1) A manufacturer of a product specified in ORS 469.238 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 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 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 to 469.261 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. 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. 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; 2021 c.108 §5] Note: See note under 469.229.