N.Y. General Business Law § 350-i: Performance data sheet

§ 350-i. Performance data sheet. 1. A performance data sheet shall be

provided pursuant to subdivision one of section three hundred fifty-h of

this article and made available to the prospective purchaser, renter or

lessee, prior to the consummation of any sale, rental or lease of a

water treatment unit. In the case of a catalogue sale, the consummation

of the sale is three days after the purchaser has received the water

treatment unit. If the purchaser cancels the sale and returns the unit

within any refund period allowed by the seller or by law, the purchaser

may do so without cost. Catalogues shall contain a notice that customers

are entitled to a copy of the performance data sheet upon request prior

to the consummation of the sale. The performance data sheet shall

contain information including, but not limited to:

a. the name and mailing address of the manufacturer or distributor;

b. the name, brand or trademark under which the unit is sold, and its

model number;

c. performance and test data obtained pursuant to tests of the water

treatment unit performed by a qualified laboratory. Data shall include

but not be limited to: the list of contaminants the manufacturer is

claiming will be reduced by the unit; the influent concentration level

of each contaminant or its surrogate; the effluent concentration of each

contaminant or its surrogate; where applicable, the maximum contaminant

level (MCL) promulgated pursuant to the federal Safe Drinking Water Act,

or promulgated pursuant to section two hundred twenty-five of the public

health law; where applicable, the approximate capacity of the unit,

expressed in gallons and/or period of time, during which the unit is

effective in reducing each contaminant or its surrogate based upon the

influent concentration level used in the tests; and the temperature,

flow rate, pressure, pH, alkalinity and acidity of the water used in the

test;

d. a summary of installation instructions which shall include measures

to avoid contamination from improper handling and installation;

e. a summary of recommended operational procedures and requirements

necessary for the proper operation of the unit including but not limited

to: electrical requirements; maximum and minimum operating pressure;

maximum operating temperature; maintenance requirements; inflow rate and

outflow rate; replacement frequencies; and an explanation of any

performance indicator, if available;

f. the manufacturer's limited warranty if applicable; and

g. a statement that performance of the water treatment unit will vary

based on local water conditions; and

h. a conspicuous and legible notice at the top of the first page of

the performance data sheet stating, "IMPORTANT NOTICE, Read this

Performance Data Sheet and compare the capabilities of this unit with

your actual water treatment needs. It is recommended that, before

purchasing a water treatment unit, you have your water supply tested to

determine your actual water treatment needs."

2. In the case of customized water treatment units or systems,

integrated or assembled on site or designed for site-specific needs to

reduce a specified contaminant or contaminants, the seller shall provide

the consumer with the results of analysis from a qualified laboratory

which document the effectiveness of the water treatment unit in reducing

the specified contaminants, the approximate capacity and a recommended

schedule for monitoring the unit's effectiveness.

3. Any person in violation of this article or any person who knowingly

and willingly falsifies any performance data shall be subject to the

remedies and penalties available pursuant to section three hundred

forty-nine of this chapter and, in addition, shall be subject to a civil

penalty of not more than five hundred dollars for each violation, which

penalty shall accrue to the state and may be recovered in a civil action

brought by the attorney general.

4. Nothing in this section shall preclude an action taken pursuant to

any other section of law.