OFFICIAL SITE OF THE STATE OF NEW JERSEY

On January 18, 2022, P.L. 2021, c. 464 was signed into law.  The law established the following requirements for new products specified in the law.

Product Requirements

The law requires certain new products to meet or exceed the minimum efficiency standards established by the law, effective January 18, 2023. The law further prohibits the sale, offer for sale, lease, or installation for compensation of these new products unless the new product includes a mark, label, or tag denoting that the product meets the applicable standard.  Please see the “specific requirements” section for a list of product categories to which the law applies.

Manufacturer Requirements

Effective January 18, 2023, the law requires a manufacturer of a regulated product to:

• identify that each regulated product offered for sale in the State complies with the law by means of a mark, label, or tag on the product and packaging at the time of sale;
• annually test samples of its products to ensure compliance with the applicable standards; and
• annually certify product compliance to the Commissioner, including information about the mark, label, or tag used. For more information on labeling, testing, and certification, please see the “specific requirements” section.

Final Inspection Requirements

Effective January 18, 2023, for those products subject to the State Uniform Construction Code, the law requires the appropriate subcode official at the NJ Department of Community Affairs, upon final inspection, to ensure that any such product contains the required mark, label, or tag.

Products subject to the State Uniform Construction Code are:

Commercial Dishwasher, Commercial Fryer, Commercial Hot-Food Holding Cabinets, Commercial Ovens, Commercial Steam Cookers, Electric Vehicle Service Equipment, All Faucets (lavatory, residential kitchen, public lavatory), Portable Electric Spas, Residential Ventilating Fans, Showerheads, Urinals, Toilets.

A new product is a product that was manufactured or assembled on or after January 18, 2023. Repaired, or refurbished equipment are not subject to the law, except for certain replacement aerators.

NJDEP rules are not necessary to implement or enforce the law. As of December, 2023 NJDEP is not planning to promulgate rules.

Complaints and alleged violations may be sent to the NJDEP through our Public Complaint Form.

The law establishes minimum standards. If, for example, the ENERGY STAR specification in the law has been replaced by a newer specification, compliance with the newer specification or the older specification as cited in the law means the product will comply with the law. To date, the NJDEP is aware of five product categories for which this is the case. These products can be found in the table below with an asterisk (*).

A manufacturer of a new product that meets the standard in the law but not the latest ENERGY STAR Specification must still properly mark, label, or tag a product, as explained below.

For those products required to comply with ENERGY STAR® specifications, California regulations, or WaterSense specifications, only those products within the scope of the applicable specification or regulation are subject to the law.  For example, electric vehicle supply equipment (EVSE) within the scope of the minimum standard, ENERGY STAR v.1.0, include Level 1 EVSE, Level 2 EVSE, and Dual Input Level 1 and Level 2 EVSE.  See Version 1.0 EVSE Program Requirements (Revised April 2017) (energystar.gov).  Therefore, only these types of EVSE are within the scope of the law; DC fast chargers (DCFCs) are not within the scope of the law and thus are not required to comply with ENERGY STAR specifications.

Any product that is subject to preemption by Federal standards is not required to comply with State law. Air purifiers and state regulated general services lamps are included in the law, but the standards are now preempted by federal regulations covering these same products.

The law requires a manufacturer of a regulated product to identify that each regulated product offered for sale in the State complies with the law by means of a mark, label, or tag on the product and packaging at the time of sale.

The law does not mandate a particular form of label, mark, or tag; a product with an ENERGY STAR®, California-compliant, or WaterSense label is sufficient. Alternately, for a product that is not subject to a national standard such as ENERGY STAR, or a product that is subject to a national standard but the standard has been updated (see FAQ above) a model number that is searchable in the State Appliance Standards Database (SASD) database, or a mark denoting the energy or water efficiency rating is sufficient.

Compliance with the testing requirements as denoted in the table below will be deemed to be in compliance with the law. The NJDEP will not be requiring manufacturers to conduct additional testing.

A manufacturer is required to annually certify product compliance, including information about the mark, label, or tag used. The Department has provided a form on its Appliance Standards Webpage for certification.  The Department understands that many manufacturers are already utilizing the State Appliance Standards Database (SASD). The Department has endeavored to streamline its certification requirements by allowing a manufacturer to reference other databases, such as ENERGY STAR and SASD, for product compliance.