Bill Text: CA AB2968 | 2021-2022 | Regular Session | Introduced
Bill Title: Privacy and consumer protection omnibus.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-04-19 - In committee: Hearing postponed by committee. [AB2968 Detail]
Download: California-2021-AB2968-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2968
| Introduced by Committee on Privacy and Consumer Protection (Assembly Members Gabriel (Chair), Kiley (Vice Chair), Bauer-Kahan, Bennett, Cunningham, Mike Fong, Irwin, and Wicks) |
March 17, 2022 |
An act to amend Sections 13460, 13461, 13482, 13700, 13710, and 13711 of the Business and Professions Code, relating to consumer protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 2968, as introduced, Committee on Privacy and Consumer Protection.
Privacy and consumer protection omnibus.
(1) Existing law regulates the sales of motor vehicle fuels and lubricants, including engine oil, and requires engine oil sold or distributed in the state for use in an internal combustion engine to conform to certain specifications and labeling requirements. Existing law requires the Department of Food and Agriculture, acting through the Division of Measurement Standards, to enforce these provisions.
This bill would revise these engine oil specifications by deleting an obsolete specification and by adding an additional specification that an engine oil may meet in order to be sold or distributed in the state. The bill would make other related changes.
(2) Existing law regulates the sale of automotive products, such as
transmission fluid, and requires the Department of Food and Agriculture and county sealers to enforce these provisions. Under existing law, transmission fluid is prohibited from being sold without clearly disclosing, on the label of its container, the type of transmission for which it is intended. Under existing law, transmission fluid is required to meet the latest automotive manufacturers’ recommended requirements for all transmissions disclosed on the label of its container. Existing law deems a transmission fluid as mislabeled if the container does not bear a label on which is printed certain information, including, among other things, the duty type classification. A violation of these provisions governing the sale of automotive products is a crime.
This bill would prohibit a transmission fluid from being sold without clearly disclosing each duty type classification, as defined, that the fluid is intended to meet. The bill would require transmission fluid to
meet each duty type classification disclosed on the principal display panel on its container. The bill would additionally deem transmission fluid to be mislabeled if the container does not bear a label on which is printed each type of transmission for which the transmission fluid is intended. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13460 of the Business and Professions Code is amended to read:13460.
Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:(a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) “European
“ACEA European Oil Specification.”
Sequences” specification, or a minimum of one active OEM specification.
(b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.
(c)Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent.
(d)
(c) Any engine oil represented as “resource conserving” shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.
SEC. 2.
Section 13461 of the Business and Professions Code is amended to read:13461.
Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:(a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.
(b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.
(c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273.
ASTM International Standard Test Method ASTM D2273.
SEC. 3.
Section 13482 of the Business and Professions Code is amended to read:13482.
(a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:(1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 “Engine Oil Performance and Engine Service Classification,” a minimum of one active sequence of the European Automobile Manufacturers’ Association (ACEA) “European “ACEA European Oil Sequences specification,”
Sequences” specification,
or a minimum of one active OEM specification.
(2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents.
(b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade.
SEC. 4.
Section 13700 of the Business and Professions Code is amended to read:13700.
For purposes of this chapter, the following(a) “Automotive product” means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.
(b)“Transmission fluid” means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission
lubricants, SAE International J308.
(c)
(b) “Brake fluid” means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.
(d)
(c) “Carton” means the package or wrapping in which a number of containers are shipped or stored.
(e)
(d) “Container” means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.
(f)
(e) “Diesel exhaust fluid” or “DEF” means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for
DEF.
(f) “Duty type classification” means the automotive manufacturer’s latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers’ Association (ACEA), for a transmission fluid.
(g) “Engine coolant” or “antifreeze” means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent
freezing or overheating of the cooling system of an internal combustion engine.
(h) “Label” means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.
(i) “Prediluted engine coolant” or “prediluted antifreeze” means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.
(j) “Principal display panel” means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.
(k) “Transmission fluid” means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.
(l) “Type of transmission” means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.
SEC. 5.
Section 13710 of the Business and Professions Code is amended to read:13710.
(a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended
matter or sediment.
(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.
(b) Transmission fluid shall meet the latest automotive manufacturers’ recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission
Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.
(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not
fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.
(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products’ label.
SEC. 6.
Section 13711 of the Business and Professions Code is amended to read:13711.
(a) An engine coolant or antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.
(2) The container does not bear a chart on the label showing appropriate amounts of engine coolant or antifreeze and water in terms of liquid measure to be used to provide protection from freezing at temperatures to at least 30 degrees below zero Fahrenheit.
(3) The container does not bear a statement on the label showing the boiling point of a 50 percent by volume mixture of engine coolant or antifreeze and water in degrees Fahrenheit.
(4) The container is one quart or less and does not bear a label on which is printed the words “engine coolant” or “antifreeze” in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words “engine coolant” or “antifreeze” in letters at least 1/4 inch high on the principal display panel.
(5) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on
the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.
(6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.
(b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:
(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.
(2) The container does not bear a statement on the label showing the protection from freezing in
degrees Fahrenheit.
(3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.
(4) The container is one quart or less and does not bear a label on which is printed the words “prediluted engine coolant” or “prediluted antifreeze” in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words “prediluted engine coolant” or “prediluted antifreeze” in letters at least 1/4 inch high on the principal display panel.
(5) The container is one quart or less and does not bear a label on
which is printed the words “DO NOT ADD WATER” in letters at least1/8 inch high. The container is greater than one quart and does not bear a label on which is printed the words “DO NOT ADD WATER” in letters at least 1/4 inch high.
(6) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.
(7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.
(c) “Transmission fluid” is mislabeled if any
of the following occurs:
(1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words “Transmission Fluid,” and the each duty type classification. classification that the transmission fluid is intended to meet.
(2) The
container does not bear a label on which is printed an accurate statement of the quantity of the contents in terms of liquid measure.
(3) The labeling on the container is false or misleading.
(4) The container and carton do not bear information that identifies the container lot or batch.
(d) Brake fluid is mislabeled if any of the following occurs:
(1) The container does not bear a label that conforms to the requirements of the National Highway Traffic Safety Administration, United States Department of Transportation, and upon which is printed the brand name.
(2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.
(3) The labeling on the container is false or misleading.
(e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 “Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,” except as specifically modified, amended, or rejected by regulation adopted by the secretary.
(f) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the sealer may take one or more samples reasonably necessary for enforcement purposes and
may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.
