Section 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.