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

Terms Used In Arizona Laws 44-1375.03

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Large packaged air conditioning equipment: means electrically operated, air cooled air conditioning and air conditioning heat pump equipment that has cooling capacity greater than or equal to two hundred forty thousand BTU per hour but less than seven hundred sixty thousand BTU per hour and that is built as a package and shipped as a whole to end user sites. See Arizona Laws 44-1375
  • Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
  • Writing: includes printing. See Arizona Laws 1-215

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 governor’s 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 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.