Section 1695 - Certification Requirements.

(a) Filing of Statements.

(1) Each manufacturer shall electronically file with the Executive Director through the Flexible Appliance Database (FAD) a statement for each appliance that is sold or offered for sale in California.

(2) The manufacturer statement shall contain the following information:

(A) each statement shall be a single and complete line of data for a specific model and end-use, containing all the data required in section 1696 of this Article for that appliance type.

(B) Asterisks in Model Numbers. In filing any statement, the manufacturer may use asterisks as a substitute for letters, numbers, blanks, or other characters in the model number, provided that an asterisk:

1. shall be used only for a part of the model number that does not indicate flexible demand appliance design or performance;

2. shall represent a single letter, number, blank, or other character at the asterisk's location in the model number; and

3. shall not be used for any of the first four letters, numbers, blanks, or other characters in the model number.

(C) the name, address, telephone number, e-mail address, and, if available, fax number and URL (web site) address of the manufacturer; provided, however, that if a parent entity is filing on behalf of a subsidiary entity, if a subsidiary entity is filing on behalf of a parent entity, or if an affiliate entity is filing on behalf of an affiliate entity, then each entity shall be clearly identified, and the information shall be provided for both entities.

(D) the name, address, telephone number, e-mail address, and, if available, fax number of the individual to contact concerning the statement pursuant to section 1695(a)(2)(H) of this Article.

(E) the name, address, telephone number, e-mail address, and, if available, fax number of the person signing the declaration pursuant to section 1695(a)(2)(H) of this Article.

(F) the name and address and, if available, telephone number, fax number, URL (web site) address, and e-mail address of the laboratory or other institution where the testing required by section 1692 of this Article was performed.

(G) the statement shall include testing and performance information required for that appliance as listed in section 1696 of this Article.

(H) each statement shall include a declaration, executed under penalty of perjury of the laws of California, that:

1. all the information provided in the statement is true, complete, accurate, and in compliance with all applicable provisions of this Article;

2. the requirements of section 1695(a)(2) of this Article have been and are being complied with;

3. for appliances for which there is a flexible demand appliance standard in section 1693 of this Article, that the appliance complies with the applicable standards in this Article;

4. the appliance was tested under the applicable test method specified in section 1693 of this Article. If section 1693 of this Article provides more than one test method that may be used, the manufacturer shall identify which method was used; and

5. all units of the appliance are marked as required by section 1693 of this Article.

(I)  identifiers, when referenced in relation to section 1696 of this Article for data submittal requirements, means those fields shown in section 1696 of this Article for each specific appliance type that, when taken in combination for a specific model of a specific appliance type, represent the criteria for designating a model. At a minimum, each specific appliance type's model “identifiers” will include (a) manufacturer, (b) brand, and (c) model number. Individual appliance types may include additional fields as identifiers. All identifiers are represented in section 1696 of this Article by an asterisk (“*”). For purposes of compliance with section 1695(e)(1) of this Article, the identifiers represent fields that cannot be modified

(3) Any electronic filing to the FAD constitutes a representation by the person making the filing that:

(A) the person will electronically acknowledge receipt through the FAD of all electronic communications concerning the filing from the Executive Director through the FAD to the person;

(B) all electronic communications concerning the filing from the Executive Director through the FAD to the person shall be deemed received by the person upon notification to the Executive Director, by the computer from which the Executive Director communication has been sent, that the communication has been sent; and

(C) all electronic communications concerning the filing from the person to the Executive Director shall be deemed received by the Executive Director only upon actual receipt.

(b) Review of Statements by the Executive Director.

(1) The Executive Director may determine whether a statement is complete, accurate, and in compliance with all applicable provisions of this Article, and whether the appliance for which the statement was submitted complies with all applicable standards in section 1693 of this Article.

(2) In this subsection, “manufacturer” also includes a third-party certifier filing a statement under section 1695(f) of this Article.

(3) Complete and Accurate Statement. If the Executive Director determines that the statement is complete and accurate and that the appliance complies with all applicable standards, the Executive Director shall:

(A) immediately include the appliance in the FAD; and

(B) inform the manufacturer's FAD-designated contact person or the third-party certifier's FAD-designated contact person electronically of the determination within 30 calendar days after receipt by the Executive Director.

(4) Incomplete Statement. If the Executive Director determines that a statement is not complete, or that the statement does not contain enough information to determine whether it is accurate or whether the appliance complies with an applicable standard:

(A) the Executive Director shall return the statement through the FAD to the manufacturer's FAD-designated contact person with an explanation of its defects and a request for any necessary additional information within 30 calendar days after receipt by the Executive Director.

(B) the manufacturer shall refile the statement through the FAD with all information requested by the Executive Director.

(C) the Executive Director shall review the refiled statement.

(5) Statement is Inaccurate or Appliance Does Not Comply. If the Executive Director determines that the statement is inaccurate or that the appliance does not comply with an applicable standard:

(A) the Executive Director shall reject the statement and return it through the FAD to the manufacturer's FAD-designated contact person with an explanation of its defects within 30 calendar days after receipt by the Executive Director, to the extent practicable.

(B) the manufacturer may submit a revised statement through the FAD for the appliance.

(c) Flexible Demand Database of Appliance Models.

(1) The Executive Director shall maintain a database of appliance models complying with flexible demand standards known as the “Flexible Appliance Database” or “FAD” and consisting of two parts:

(A) “Approved FAD.” The Approved FAD shall contain information on all appliances that are currently in production, for which complete and accurate statements have been received and approved pursuant to this Article, and that have not been removed from the FAD pursuant to sections 1695(c)(2), 1695(d)-(e), or 1697 of this Article.

(B) “Archived FAD.” The Archived FAD shall contain, at least, information on all appliances that:

1. are no longer in production, for which complete and accurate statements have been received pursuant to section 1695(a) of this Article; or

2. have been removed from the Approved FAD pursuant to sections 1695(c)(2) or 1695(e)(2) of this Article.

(2) Confirmation of FAD Listings. The Executive Director may, by electronically writing to the most recent electronic address filed pursuant to section 1695(a)(2)(D) of this Article and request each manufacturer of an appliance listed in the FAD to confirm the validity of the information in each of its FAD listings.

(A) If within 30 calendar days of the electronic mailing there is no such reply, the appliance may be removed from the Approved FAD and moved into the Archived FAD.

(B) If the lack of compliance with any requirements of this Article is strictly limited to non-compliance with standards adopted since the most recent filing by the manufacturer:

1. all affected models may be moved from the Approved FAD to the Archived FAD. After the models have been moved, all affected manufacturers will be notified through the FAD or via email.

2. the effective date for moving such affected models to the Archived FAD will be the effective date of the new standard.

(3) Records Retention. Notwithstanding any other provision of this Article, FAD listings that have not been confirmed within ten (10) years of original submittal or subsequent confirmation shall be presumed to be for products no longer in production and shall be automatically removed from the Approved FAD and moved into the Archived FAD.

(d) Assessment of Completeness, Accuracy, and Compliance of Manufacturer Statements.

(1) If the statement is incomplete or inaccurate, or if the Executive Director determines that the statement otherwise fails to comply with any of the requirements of this Article then the Executive Director may, no sooner than ten working days after providing electronic notice to the person designated in section 1695(a)(2)(D) of this Article, remove the appliance from the FAD.

(e) Modified and Discontinued Appliances.

(1) Modified Appliances.

(A) If any of the appliance characteristics listed in FAD do not match the characteristics of the appliance being sold or offered for sale, rented, imported, distributed or leased for use in California the manufacturer shall file a new statement for the appliance, including all the characteristics needing update.

(B) Upon receipt of such a statement, the Executive Director shall review the statement under section 1695(b) of this Article. If the statement is complete, accurate, and in compliance with all applicable standards, the Executive Director shall modify the FAD.

(2) Discontinued Appliances.

(A) After any appliance has ceased being sold or offered for sale, rented, imported, distributed, or leased for use in California, the manufacturer shall file a statement only containing the identifiers shown in section 1696 of this Article for the appliance.

(B) Upon receipt of such a statement, the Executive Director shall review the statement under section 1695(b) of this Article. If the statement is complete, accurate, and in compliance with all applicable provisions of this Article, the Executive Director shall move the appliance from the Approved FAD to the Archived FAD.

(f) Filing by Third-Party Certifier.

(1) A third party may file a statement on behalf of a manufacturer as required in section 1695(a) of this Article.

(2) Whether a manufacturer files information required by this section by itself or via a third-party certifier, the manufacturer remains responsible for the truth, accuracy, completeness, and timeliness of all required filings.

(3) Upon a finding of noncompliance with an applicable provision of this Article, the Executive Director may suspend a third-party certifier from making filings, allow continued filings under specific conditions, or remove affected appliances from the FAD.

Credits

Note: Authority cited: Sections 25213, 25218, 25402(f) and 25402.11, Public Resources Code. Reference: Sections 25216.5(d), 25402(f), 25402.11 and 25534.2, Public Resources Code.

History

1. New section filed 2-20-2024; operative 4-1-2024 (Register 2024, No. 8.