The Proposed Labelling Requirements

It is proposed to have Consumer Information Standard (Water Efficiency Labelling) Regulations issued under the Fair Trading Act 1986. These regulations will require that washing machines, dishwashers, toilets, showers, tap equipment and urinal equipment are labelled with water efficiency information which must be disclosed on supply or possible supply to a consumer. The regulations will also require that water efficiency information is provided on any product specification, brochure, advertising, magazine, catalogue or website where the product is profiled and also at showrooms as well as display homes or display units. These requirements are not proposed to apply to the private sale of second-hand appliances or fixtures.

The regulations will also set out that the following information is on the label: the water consumption in a unit appropriate to the appliance or fixture (e.g. litres per minute; litres per wash), a star rating (see page 13 for information on the proposed calculation of star ratings), a unique testing number issued by the testing agency, the model number, and the appropriate testing standard used. Where an appliance is awarded a zero star rating a water warning label must be attached. This does not specify the water consumption but instead informs the consumer that the appliance or fixture is a high water use product (see page 20).

The Process – Getting the Label

In order to determine the water consumption and star rating of an appliance or fixture, the manufacturer or importer will need to have the item tested. The proposed regulations will require that the water efficiency label matches the results of this testing and that the testing is done by an accredited laboratory, which is either a laboratory accredited for the relevant test by International Accreditation New Zealand (IANZ) or an equivalent overseas laboratory recognised by IANZ under a mutual recognition agreement.

Before the water efficiency labelling regulations come into force, in early 2008, IANZ accredited laboratories will be invited to ask the Ministry for the Environment to issue a unique water efficiency labelling code. For example "Judith's Plumbing Testing Lab" might be issued with number WL01. When "Judith's Plumbing Testing Lab" tests a shower head to determine its water efficiency, the lab will issue the manufacturer with a test certificate, which would have a unique test report number e.g. 12345, stating the test results. For the purposes of the water efficiency label, this test report number will be prefixed with the water efficiency labelling code issued by the Ministry for the Environment e.g. WL01 12345. At the same time as giving each laboratory a unique water efficiency labelling code, the Ministry for the Environment will also give the testing laboratory a template for the water efficiency label. After testing a product, the laboratory will fill in the label particulars (water consumption, star rating, test report number etc) and send an electronic version of the label to the manufacturer or importer. The manufacturer may then get the labels printed in the number and size/format required (provided they are still in keeping with the regulation requirements).

Test calibration and/or inspection reports from IANZ accredited organisations are recognised worldwide through Mutual Recognition Arrangements (MRA) with sixty-three other counterpart authorities in forty-eight other economies. Mutual Recognition Arrangements enable test and inspection reports from the exporting country to be accepted in the importing country, avoiding requirements for re-testing and saving importers time and money[3]. The proposal is that international laboratories will also request a unique water efficiency labelling code from the Ministry for the Environment and will be given the label template. This should allow importers to have their products tested only in one country saving on money and compliance. This proposal does not extend as far as to mutually recognise other countries water efficiency standards, as this creates the potential to mislead consumers or be very costly in terms of implementation.

As an alternative to following the above process, manufacturers and importers will be considered to have complied with the New Zealand Regulations if they have complied with AS/NZS 6400:2005. The process outlined in this standard includes registration with the Australian Water Efficiency Labelling Standards (WELS) Regulator (for more information on Australian WELS labelling and registration visit the Australian Government website).

The Process – From Label to Consumer

The proposed regulations will prohibit the sale of items covered by the water efficiency regulations to any consumer in New Zealand unless the correct water efficiency label is attached to the appliance or fixture. The regulations will put a duty on manufacturers and importers that they must provide the correct water efficiency label. The regulations will also put a duty on to those selling, leasing or hiring that they ensure the water efficiency label is provided and must not sell, hire or lease the appliance or fixture without a correct label. The regulations will also impose a duty on anyone authorising any product specification, brochure, advertising, magazine, catalogue or website to ensure a correct water efficiency label or text advice (e.g. water efficiency 3 star, 9L/min) about the water efficiency is provided. The regulations will also put a duty onto anyone responsible for a showhome, display home or display unit to ensure a correct water efficiency label is displayed where water using appliances and/or fixtures are showcased as part of the sale package.

A correct label is one (i) that conforms to the requirement of the water efficiency labelling regulations, and (ii) on which the water efficiency rating information on the label corresponds to the water efficiency performance of that item, and (iii) on which the model and brand designations on the label correspond to the model and brand designation of that item and (iv) on which the water efficiency test report number corresponds to that issued on the test report by the accredited testing laboratory.

For the private sale of second hand appliances or fixtures, there will be an exemption from the regulations. Regarding the retail sale of second-hand goods, hiring and leasing the requirement for labelling will apply to goods manufactured or imported after 1 July 2008 and up to 5 years old. For example a dishwasher that was manufactured in 2009 will still have to display its water efficiency label until 2014 if being hired, leased or sold by a second-hand dealer. If the label has been removed by a customer the retailer must contact the manufacturer, importer or testing laboratory to get a new copy of the label. In this instance, the product would not have to be retested.

The Label - Placement

The idea behind the water efficiency label is that consumers are provided with accurate and comparable information about the water efficiency performance of a product at the time the consumer is considering a purchase. This may be, but is not necessarily, the point of sale. For this reason, it is important that the regulations retain a certain amount of flexibility regarding the placement of the label. In general the proposal is that labels be adhered to the upper front portion of the appliance or fixture. Of course, the nature and placement of the label will need to take into account the fixture itself and the way it is sold. Due to their size, it may not be possible to stick a label of readable dimensions on some products e.g. showerheads and taps. In this instance a label could be attached to a swing tag. Similarly if the finish of a product is likely to be damaged by the adherence of a label, a swing tag could be attached. Where the product is likely to be sold without being unpacked from its box or packaging, it may be appropriate to affix the label to the packaging, rather than the product itself. Again, it may be impractical to provide a readable copy of the label in advertising material or product specification booklets (or even showrooms). It is proposed that text advice will be able to be provided in these situations.