H.F. 2077 Section 1. Section 714.16, subsection 2, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . o. It is an unlawful practice for 3 a person to sell or advertise for sale an appliance or 4 product identified or labeled as having achieved energy 5 star certification unless the appliance or product meets 6 the most recently revised specifications established for 7 the designation of such certification. For the purposes of 8 this paragraph, “energy star certification” means meeting 9 energy efficiency standards and guidelines pursuant to the 10 energy star program developed and jointly administered by the 11 United States environmental protection agency and the United 12 States department of energy. Appliances or products meeting 13 previously applicable or outdated certification specifications 14 shall have energy star identification or labeling removed prior 15 to sale. 16 EXPLANATION 17 This bill provides that it is an unlawful practice under 18 consumer fraud provisions contained in Code section 714.16 19 for a person to sell or advertise for sale an appliance or 20 product identified or labeled as having achieved energy star 21 certification unless the appliance or product meets the most 22 recently revised specifications established for the designation 23 of such certification. The bill defines “energy star 24 certification”. The bill provides that appliances or products 25 meeting previously applicable or outdated certification 26 specifications shall have energy star identification or 27 labeling removed prior to sale, as that term is defined in Code 28 section 714.16. 29 A violation of consumer fraud provisions under Code section 30 714.16, subsection 2, is punishable by a civil penalty of up to 31 $40,000 per violation and a civil penalty of up to $5,000 for 32 each day of intentional violation of a temporary restraining 33 order, preliminary injunction, or permanent injunction. 34 -1- LSB 5643YH (2) 84 rn/sc 1/ 1