Beverage-Air: Order (2016-SE-42004)

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November 17, 2016

DOE ordered Beverage-Air Corporation to pay a $9,600 civil penalty after finding Beverage-Air had manufactured and distributed in commerce in the U.S. at least 48 units of commercial refrigeration equipment name plate model UCRF52A-1-SA-A, which does not meet the applicable energy conservation standard.  The Order adopted a Compromise Agreement, which reflected settlement terms between DOE and Beverage-Air.

Federal law subjects manufacturers and private labelers to civil penalties if those parties distribute in the U.S. products that do not need applicable energy conservation standards.  DOE issued a civil penalty notice on October 14, 2016, advising the company of the potential penalties and DOE's administrative process including the company's right to a hearing.

On April 8, 2016, DOE determined commercial refrigeration equipment name plate model UCRF52A-1-SA-A, was noncompliant based on DOE's testing.  Beverage-Air was required to immediately notify each person (or company) to whom Beverage-Air distributed the noncompliant products that the products do not meet Federal standards.  In addition, Beverage-Air provided to DOE documents and records showing the number of units Beverage-Air distributed and to whom.