Office of the General Counsel

DOE Collects Civil Penalties for Failure to Certify Compliance

March 4, 2016

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DOE recently resolved enforcement actions against a variety of companies for failure to certify that the products they were distributing meet the applicable energy or water conservation standards.  DOE found that Utility Refrigerator had failed to certify the compliance of its commercial refrigeration equipment, Fujitsu General America had failed to certify certain new central air conditioners and heat pumps, Systemair had failed to certify its single package vertical air conditioners and heat pumps, Wolverine Brass had failed to certify its faucets and showerheads, ETL had failed to certify its showerheads, and Lochinvar had failed to certify its pool heaters.

DOE assessed civil penalties of $8,000 in each case.  As part of the settlement, each company must submit the required certification reports, which include a certification that the products have been tested in accordance with the DOE test procedure and that the products meet the applicable standard(s).

Each company that imports or domestically produces covered products or equipment must submit to DOE a report certifying that its products or equipment comply with applicable federal energy and water conservation standards.  Certification is an important part of developing an effective program for ensuring that consumer products and commercial equipment manufactured for distribution in the United States save consumers money while minimizing their impact on the environment.  DOE relies on manufacturer’s self-certification in concert with Departmental testing to ensure manufacturers accurately represent the compliance of their products and equipment.

Documents related to certification violation are available here.