Oregon Statutes - Chapter 469 - Energy; Conservation Programs; Energy Facilities - Section 469.238 - Sale of products not meeting standards prohibited; exemptions.

(1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture or unit heater unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

(2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

(a) Manufactured in this state and sold outside this state;

(b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;

(c) Installed in a mobile or manufactured home at the time of construction; or

(d) Designed expressly for installation and use in recreational vehicles. [2005 c.437 §§2,3]

Note 1: The amendments to 469.238 by section 4, chapter 437, Oregon Laws 2005, become operative January 1, 2009. See section 10, chapter 437, Oregon Laws 2005. The text that is operative from January 1, 2009, until September 1, 2009, is set forth for the userís convenience.

469.238. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new commercial clothes washer, commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture or unit heater unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

(2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

(a) Manufactured in this state and sold outside this state;

(b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;

(c) Installed in a mobile or manufactured home at the time of construction; or

(d) Designed expressly for installation and use in recreational vehicles.

Note 2: The amendments to 469.238 by section 3, chapter 649, Oregon Laws 2007, become operative September 1, 2009. See section 8, chapter 649, Oregon Laws 2007. The text that is operative on and after September 1, 2009, is set forth for the userís convenience.

469.238. (1) Except as provided in subsection (2) of this section, a person may not sell or offer for sale a new commercial clothes washer, commercial prerinse spray valve, commercial refrigerator or freezer, illuminated exit sign, single-voltage external AC to DC power supply, state-regulated incandescent reflector lamp, torchiere, traffic signal module, automatic commercial ice cube machine, metal halide lamp fixture, unit heater, bottle-type water dispenser, commercial hot food holding cabinet, compact audio product, digital versatile disc player, digital versatile disc recorder, portable electric spa, walk-in refrigerator or walk-in freezer unless the energy efficiency of the new product meets or exceeds the minimum energy efficiency standards specified in ORS 469.233.

(2) A person may sell or offer for sale a new product not meeting efficiency standards specified in subsection (1) of this section if the product is:

(a) Manufactured in this state and sold outside this state;

(b) Manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state;

(c) Installed in a mobile or manufactured home at the time of construction; or

(d) Designed expressly for installation and use in recreational vehicles.

Note 3: See note under 469.229.

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Last modified: August 7, 2008