Leer: Order (2016-SE-53003)

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September 10, 2018

DOE ordered Leer, Inc. ("Leer") to pay a $24,000 civil penalty after finding that Leer failed to properly test and certify walk-in cooler panel basic model C/3.5 (the basic model) as compliant with the applicable energy conservation standard prior to distribution in commerce in the United States.  The Order adopted a Compromise Agreement, which reflected settlement terms between DOE and Leer.

DOE alleged in an August 29, 2018 Notice of Proposed Civil Penalty that Leer did not test at least two units of the basic model in accordance with DOE regulations and failed to certify the basic model prior to distribution in commerce due to a lack of sufficient test data.  DOE regulations require a manufacturer to submit reports certifying that its products have been tested in accordance with the DOE test procedure and meet the 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.

On January 17, 2017, DOE issued a Notice of Noncompliance Determination to Leer finding that the basic model does not comply with applicable energy conservation standards based on DOE testing.  Leer was required to notify each person (or company) to whom Leer distributed the noncompliant products that the product does not meet federal standards.  In addition, Leer provided DOE documents and records showing the number of units Leer distributed and to whom.