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Mackle Company: Proposed Penalty (2010-SE-0106)
DOE alleged in a NPCP that The Mackle Company, Inc., sold and/or distributed noncompliant products in the U.S.
DOE alleged in a Notice of Proposed Civil Penalty that The Mackle Company, Inc., sold and/or distributed noncompliant refrigerators, refrigerator-freezers, and freezers in the U.S. Federal law subjects manufacturers and private labelers to civil penalties if those parties distribute in the U.S. products that do not meet applicable energy conservation standards. This civil penalty notice advises the company of the potential penalties and DOE's administrative process, including the company's right to a hearing.
In the Matter of The Mackle Company, Inc., DOE Case Number: 2010-SE-0106, Notice of Proposed Civil Penalty
DOE found 42 alleged violations and a maximim possible assessment of $1,878,820. DOE proposed a civil penalty of $270,100. Specifically DOE found that (1) Manufacturer sells and/or distributes a variety of refridgerators, refrigerator-freezers, and freezers in commerce in the United States; (2) the models in question have been in distribution for at least 365 days; (3) the refridgerators and freezers referenced in paragraph 1 are "covered products" under 42 U.S.C. section 6291 and 10 CFR section 430.2; (4) The Mackle Company failed to certify that each basic model meets applicable energy conservation standards; (5) The Mackle Company failed to submit a compliance statement and certification report to the DOE for each basic model of covered products as required by 10 C.F.R. section 430.62