44-1375.03. Certification and compliance; violation; civil penalty

A. Except as provided in subsection B of this section, beginning January 1, 2008:

1. A person engages in a deceptive trade practice when, in the course of the person's business, vocation or occupation, the person knowingly sells or installs a product that does not meet or exceed an applicable energy efficiency standard set forth in section 44-1375.02.

2. Manufacturers shall certify in writing to the department of commerce energy office that products sold in this state meet efficiency standards of this article. Certification to other states with like standards that publish databases of compliant products shall be permitted as an alternative to certifying to the department of commerce energy office.

B. The requirements prescribed by subsection A of this section apply beginning January 1, 2010, if the product is a commercial refrigerator, freezer or refrigerator freezer or large packaged air conditioning equipment.

C. A deceptive trade practice pursuant to subsection A, paragraph 1 of this section is an unlawful practice under section 44-1522 and subject to enforcement by the attorney general. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title. Notwithstanding section 44-1531, the penalty for violation of this section shall be a civil penalty of not more than five hundred dollars per violation. All monies collected as civil penalties pursuant to this subsection shall be deposited into the state general fund.

44-1375.03. Certification and compliance; violation; civil penalty

A. Except as provided in subsection B of this section, beginning January 1, 2008:

1. A person engages in a deceptive trade practice when, in the course of the person's business, vocation or occupation, the person knowingly sells or installs a product that does not meet or exceed an applicable energy efficiency standard set forth in section 44-1375.02.

2. Manufacturers shall certify in writing to the department of commerce energy office that products sold in this state meet efficiency standards of this article. Certification to other states with like standards that publish databases of compliant products shall be permitted as an alternative to certifying to the department of commerce energy office.

B. The requirements prescribed by subsection A of this section apply beginning January 1, 2010, if the product is a commercial refrigerator, freezer or refrigerator freezer or large packaged air conditioning equipment.

C. A deceptive trade practice pursuant to subsection A, paragraph 1 of this section is an unlawful practice under section 44-1522 and subject to enforcement by the attorney general. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title. Notwithstanding section 44-1531, the penalty for violation of this section shall be a civil penalty of not more than five hundred dollars per violation. All monies collected as civil penalties pursuant to this subsection shall be deposited into the state general fund.