N.Y. GBS Law § 350-I — New York Code / Act GBS / Article 22-B / Section 350-I
Performance data sheet
Status: in_force

§ 350-i. Performance data sheet. 1. A performance data sheet shall be\nprovided pursuant to subdivision one of section three hundred fifty-h of\nthis article and made available to the prospective purchaser, renter or\nlessee, prior to the consummation of any sale, rental or lease of a\nwater treatment unit. In the case of a catalogue sale, the consummation\nof the sale is three days after the purchaser has received the water\ntreatment unit. If the purchaser cancels the sale and returns the unit\nwithin any refund period allowed by the seller or by law, the purchaser\nmay do so without cost. Catalogues shall contain a notice that customers\nare entitled to a copy of the performance data sheet upon request prior\nto the consummation of the sale. The performance data sheet shall\ncontain information including, but not limited to:\n  a. the name and mailing address of the manufacturer or distributor;\n  b. the name, brand or trademark under which the unit is sold, and its\nmodel number;\n  c. performance and test data obtained pursuant to tests of the water\ntreatment unit performed by a qualified laboratory. Data shall include\nbut not be limited to: the list of contaminants the manufacturer is\nclaiming will be reduced by the unit; the influent concentration level\nof each contaminant or its surrogate; the effluent concentration of each\ncontaminant or its surrogate; where applicable, the maximum contaminant\nlevel (MCL) promulgated pursuant to the federal Safe Drinking Water Act,\nor promulgated pursuant to section two hundred twenty-five of the public\nhealth law; where applicable, the approximate capacity of the unit,\nexpressed in gallons and/or period of time, during which the unit is\neffective in reducing each contaminant or its surrogate based upon the\ninfluent concentration level used in the tests; and the temperature,\nflow rate, pressure, pH, alkalinity and acidity of the water used in the\ntest;\n  d. a summary of installation instructions which shall include measures\nto avoid contamination from improper handling and installation;\n  e. a summary of recommended operational procedures and requirements\nnecessary for the proper operation of the unit including but not limited\nto: electrical requirements; maximum and minimum operating pressure;\nmaximum operating temperature; maintenance requirements; inflow rate and\noutflow rate; replacement frequencies; and an explanation of any\nperformance indicator, if available;\n  f. the manufacturer's limited warranty if applicable; and\n  g. a statement that performance of the water treatment unit will vary\nbased on local water conditions; and\n  h. a conspicuous and legible notice at the top of the first page of\nthe performance data sheet stating, "IMPORTANT NOTICE, Read this\nPerformance Data Sheet and compare the capabilities of this unit with\nyour actual water treatment needs. It is recommended that, before\npurchasing a water treatment unit, you have your water supply tested to\ndetermine your actual water treatment needs."\n  2. In the case of customized water treatment units or systems,\nintegrated or assembled on site or designed for site-specific needs to\nreduce a specified contaminant or contaminants, the seller shall provide\nthe consumer with the results of analysis from a qualified laboratory\nwhich document the effectiveness of the water treatment unit in reducing\nthe specified contaminants, the approximate capacity and a recommended\nschedule for monitoring the unit's effectiveness.\n  3. Any person in violation of this article or any person who knowingly\nand willingly falsifies any performance data shall be subject to the\nremedies and penalties available pursuant to section three hundred\nforty-nine of this chapter and, in addition, shall be subject to a civil\npenalty of not more than five hundred dollars for each violation, which\npenalty shall accrue to the state and may be recovered in a civil action\nbrought by the attorney general.\n  4. Nothing in this section shall preclude an action taken pursuant to\nany other section of law.\n