1. (a) Labeling requirements. A person may not sell, offer for sale, distribute, or import into this state a plumbing fixture unless the plumbing fixture, including each component of a toilet, flush valve toilet, or urinal and the associated packaging are marked and labeled in accordance with these sections. The labeling requirements in these sections shall take effect on October 25, 1994.

   1. (1) Each water closet, urinal, and flush valve shall be marked or labeled in accordance with the National Energy Policy Act of 1992 (42 United States Code §6294 et seq.) and as amended.
   2. (2) Each water closet, urinal, and flush valve package shall be marked or labeled in accordance with the National Energy Policy Act of 1992 (42 United States Code §6294 et seq.) and as amended.
   3. (3) Each faucet, aerator, and showerhead shall be marked in accordance with the National Energy Policy Act of 1992 (42 United States Code §6294 et seq.) and as amended, except that each showerhead, flow restricting or controlling spout end device and aerator shall bear a permanent legible mark indicating the flow rate, expressed in gallons per minute (gpm). The flow rate shall be the actual flow rate or the maximum flow rate specified in §290.252 of this title (relating to Design Standards).
   4. (4) Each faucet, aerator, and showerhead package shall have the flow rate expressed in gallons per minute (gpm) clearly marked on the front.

2. (b) Prohibitions. A person may not sell, offer for sale, distribute, or import into this state a new commercial or residential clothes washing machine, dish washing machine, or lawn sprinkler unless the clothes washing machine, dish washing machine, or lawn sprinkler is marked or labeled in accordance with these sections.

   1. (1) Each clothes washing machine and dish washing machine shall have an attached label that shows the amount of water used per cycle.
   2. (2) Each lawn sprinkler shall be marked with the water usage expressed in gallons per minute (gpm) by either a permanent mark on each sprinkler, or a label or tag attached to each sprinkler.
3. (c) Exemptions. This section does not apply to those clothes washing machines and dish washing machines that are subject to and are in compliance with the labeling requirements of the National Appliance Energy Conservation Act of 1987, Public Law 100-12 (42 United States Code §6294) and as amended.

Source Note:The provisions of this §290.260 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 7, 1994, 18 TexReg 9935.