NY Gen Bus L § 350-I (2021)
2021 New York Laws GBS - General Business Article 22-B - Water Treatment Units 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; andg.  a statement that performance of the water treatment unit will vary   based on local water conditions; andh. 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.