Bill Text: CA AB808 | 2015-2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Automotive fuels and products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 591, Statutes of 2015. [AB808 Detail]
Download: California-2015-AB808-Introduced.html
Bill Title: Automotive fuels and products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-08 - Chaptered by Secretary of State - Chapter 591, Statutes of 2015. [AB808 Detail]
Download: California-2015-AB808-Introduced.html
BILL NUMBER: AB 808 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 26, 2015
An act to amend Sections 13405, 13410, 13413, 13420, 13421, 13440,
13440.5, 13442, 13450, 13470, 13470.5, 13471, 13472, 13477, 13480,
13481, 13482, 13485, 13486, 13500, 13501, 13502, 13530, 13531, 13532,
13535, 13550, 13570, 13590, 13591, 13592, 13595, 13600, 13700,
13710, 13711, and 13741 of, to amend the headings of Chapter 14
(commencing with Section 13400) of, Article 5 (commencing with
Section 13440) of Chapter 14 of, Article 5.5 (commencing with Section
13446) of Chapter 14 of, Article 6 (commencing with Section 13450)
of Chapter 14 of, Article 8 (commencing with Section 13470) of
Chapter 14 of, and Article 13 (commencing with Section 13550) of
Chapter 14 of, Division 5 of, to repeal Sections 13401, 13402, and
13403 of, and to repeal and add Sections 13400, 13404, and 13446 of,
the Business and Professions Code, relating to automotive fuels and
products.
LEGISLATIVE COUNSEL'S DIGEST
AB 808, as introduced, Ridley-Thomas. Automotive fuels and
products.
(1) Existing law regulates the sales of motor vehicle fuels and
lubricants. Existing law requires the Department of Food and
Agriculture to establish standards for motor vehicle fuels and other
petroleum products that are offered for sale in the state and
requires the department, through the Division of Measurement
Standards to enforce regulations and standards for motor vehicle
fuels and lubricants. A violation of this law and those regulations
and standards is a crime.
This bill would revise and recast those provisions and would
additionally subject the retail sale of electricity for the purposes
of transferring electricity to, or storing onboard electricity, an
electric vehicle primarily for the purpose of propulsion and other
alternative fuels. The bill would authorize the department to
establish interim specification for alternative fuels, as defined,
until specified conditions are met. The bill would require the
Secretary of Food and Agriculture to establish the method of sale of
motor vehicle fuels and lubricants sold at retail to the public.
(2) Existing law makes it unlawful for a person to sell or
distribute engine oil or axle and manual transmission lubricant
unless the SAE/API service classification is conspicuously marked on
each container. A violation of this requirement is a crime.
This bill would also require the product to conform to a specified
classification or specification. The bill would require that,
whenever the motor oil does not meet an active API service category,
each sign or label bear a plainly visible cautionary statement in
compliance with SAE J183 Appendix A.
(3) Existing law regulates the sale of automotive products, such
as engine coolant and antifreeze. Existing law requires the
department to establish specification for those products. Existing
law deems an automatic transmission fluid as mislabeled under certain
conditions. A violation of regulations governing the sale of
automotive products is a crime.
This bill would revise and recast those provisions and would
additionally deem an automatic transmission fluid to be mislabeled if
the container and carton do not bear a lot or batch number on the
label identifying the container lot or batch. The bill would require
the secretary to establish the method of sale of diesel exhaust fluid
sold at retail to the public. The bill would authorize the sealer to
take samples reasonably necessary for enforcement purposes under
certain conditions. The bill would require manufacturers or packagers
of automotive products, upon request, to provide to a duly
authorized representative of the department documentation of claims
made on their products.
(4) This bill would make conforming and nonsubstantive changes.
(5) Because a violation of the above provisions is a crime, this
bill would impose a state-mandated local program.
(6) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 14 (commencing with Section
13400) of Division 5 of the Business and Professions Code is amended
to read:
CHAPTER 14. PETROLEUM AND HYDROGEN FUELS
AND LUBRICANTS
SEC. 2. Section 13400 of the Business and Professions Code is
repealed.
13400. "Advertising medium," as used in this chapter, includes
banner, sign, placard, poster, streamer, and card.
SEC. 3. Section 13400 is added to the Business and Professions
Code, to read:
13400. For purposes of this chapter, the following terms mean the
following:
(a) "Advertising medium" includes banner, sign, placard, poster,
streamer, and card.
(b) "Alternative fuels" means any of the following:
(1) "Biodiesel," which is a fuel comprised of monoalkyl esters of
long chain fatty acids derived from plant or animal matter that meets
the requirements of American Society for Testing and Materials
(ASTM) International Standard Specification D6751 "Standard
Specification for Biodiesel Fuel Blend Stock (B100) for Middle
Distillate Fuels."
(2) "Biodiesel blend," which is a fuel consisting of biodiesel
mixed with diesel fuel that meets the requirements of ASTM
International Standard Specification D7467 "Standard Specification
for Diesel Fuel Oil and Biodiesel Blend (B6 to B20)."
(3) "Dimethyl ether," which is an organic compound meant for
combustion in compression-ignition engines that meets the
requirements of dimethyl ether prescribed in this chapter.
(4) "Electricity," which is electrical energy transferred to, or
stored onboard, or both transferred to and stored onboard, an
electric vehicle primarily for the purpose of propulsion.
(5) "Ethanol," which is denatured motor fuel ethanol meeting the
requirements of ASTM International Standard Specification D4806
"Standard Specification for Denatured Fuel Ethanol for Blending with
Gasolines for Use as Automotive Spark-Ignition Engine Fuel."
(6) "Ethanol fuel blend," which is a motor vehicle fuel consisting
primarily of ethanol mixed with gasoline meeting the standards
prescribed by this chapter.
(7) "Hydrogen," which is a fuel consisting of molecular hydrogen
intended for consumption in a surface vehicle or electricity
production device with an internal combustion engine or fuel cell
that meets the standards for hydrogen prescribed by this chapter.
(8) "Methanol fuel blend," which is a motor vehicle fuel
consisting primarily of methanol mixed with gasoline meeting the
standards prescribed by this chapter.
(9) "Natural gas," which is a gaseous mixture of hydrocarbon
compounds consisting of primarily methane in the form of a compressed
gas or a cryogenic liquid intended for use as a motor vehicle fuel.
(10) "Propane," which is a liquefied petroleum gas intended for
use as a motor vehicle fuel and meeting the standards prescribed by
this chapter.
(11) Any other fuel intended for use as a motor vehicle fuel that
the Secretary of Food and Agriculture determines is an alternative
fuel.
(c) "Automotive spark-ignition engine fuel" means a product used
for the generation of power in a spark-ignition internal combustion
engine.
(d) "Compression-ignition engine fuel" means a product used for
the generation of power in a compression-ignition internal combustion
engine.
(e) "Developmental engine fuel" means an experimental automotive
spark-ignition engine fuel or compression-ignition fuel that does not
meet standards established by this chapter but has characteristics
that may lead to an improved fuel standard or the development of an
alternative fuel standard.
(f) "Diesel fuel" means a hydrocarbon oil meant for combustion in
compression-ignition engines offered for sale that meets the
standards for diesel fuel prescribed by this chapter.
(g) "Engine fuel" means any gasoline, diesel, or alternative fuel
used for the generation of power in an internal combustion engine or
fuel cell in a motor vehicle, or electrical power delivered
conductively or inductively to an electric motor in electric or
plug-in hybrid vehicles. "Motor fuel" means "engine fuel" when that
term is used in this chapter.
(h) "Fuel oil" means any lubricant offered for sale that meets the
standards for fuel oil prescribed by this chapter.
(i) "Gasoline" means a volatile mixture of liquid hydrocarbons,
generally containing small amounts of additives, suitable for use as
a fuel in a spark-ignition internal combustion engine.
(j) "Gasoline-oxygenate blend" means a fuel consisting primarily
of gasoline along with a substantial amount of one or more
oxygenates. For purposes of this subdivision, "substantial amount"
means more than 0.35 mass percent oxygen or, if methanol is the only
oxygenate, more than 0.15 mass percent oxygen.
(k) "Kerosene" means a fuel offered for sale that meets the
standards for kerosene prescribed in this chapter.
(l) "Lubricant" means a lubricating oil or other substance that
reduces friction and wear between moving parts within an engine and
other motor vehicle components.
(m) "Lubricating oil" means motor oil, engine lubricant, engine
oil, lubricating axle oil, gear oil, or manual transmission fluid.
(n) "Manufacturer" means manufacturer, refiner, producer, or
importer.
(o) "Motor oil" or "engine oil" means an oil that reduces friction
and wear between the moving parts within an internal combustion
engine and also serves as a coolant.
(p) "Motor vehicle fuel" means an engine fuel intended for
consumption in, including, but not limited to, an internal combustion
engine, fuel cell, or electric motor to produce power to self-propel
a vehicle designed for transporting persons or property on a public
street or highway.
(q) "Octane number" or "antiknock index number," when used in this
chapter, means that number assigned to a spark ignition engine fuel
that designates the antiknock quality. The "octane number" or
"antiknock index number" shall be determined according to the ASTM
International method or methods designated in the latest ASTM
International Standard Specification D-4814.
(r) "Oxygenate" means an oxygen-containing ashless organic
compound, such as an alcohol or ether, that can be used as a fuel or
fuel supplement.
(s) "Renewable diesel fuel" means a diesel fuel derived from
nonpetroleum renewable resources.
(t) "Sell" or any of its variants means attempt to sell, offer for
sale or assist in the sale of, permit to be sold or offered for sale
or delivery, offer for delivery, trade, barter, or expose for sale.
(u) "Standard test," as used in this chapter, means test conducted
in accordance with the latest published standard adopted by ASTM
International.
SEC. 4. Section 13401 of the Business and Professions Code is
repealed.
13401. (a) "Sell" or any of its variants means attempt to sell,
offer for sale or assist in the sale of, permit to be sold or offered
for sale or delivery, offer for delivery, trade, barter, or expose
for sale.
(b) "Manufacturer" means manufacturer, refiner, producer, or
importer.
(c) "Petroleum products" means gasoline, diesel fuel, liquefied
petroleum gas only when used as a motor fuel, kerosene, thinner,
solvent, liquefied natural gas, pressure appliance fuel, or white
gasoline, or any motor fuel, or any oil represented as engine
lubricant, engine oil, lubricating or motor oil, or any oil used to
lubricate transmissions, gears, or axles.
(d) "Barrel," when applied to petroleum products, consists of 42
gallons.
(e) "Oil" means motor oil, engine lubricant, engine oil,
lubricating oil, or oils used to lubricate transmissions, gears, or
axles.
(f) "Motor oil" means engine oil, engine lubricant, or lubricating
oil.
(g) "Gasoline" means a volatile mixture of liquid hydrocarbons,
generally containing small amounts of additives, suitable for use as
a fuel in spark-ignition internal combustion engines.
(h) "Engine fuel" means any liquid or gaseous matter used for the
generation of power in an internal combustion engine or fuel cell.
"Motor fuel" means "engine fuel" when that term is used in this
chapter.
(i) "Motor vehicle fuel" means any product intended for
consumption in an internal combustion engine or fuel cell to produce
the power to self-propel a vehicle designed for transporting persons
or property on a public street or highway.
(j) "Diesel fuel" means any petroleum product offered for sale
which meets the standards prescribed for diesel fuel by this chapter.
(k) "Kerosene" means any petroleum product offered for sale which
meets the standards prescribed for kerosene by this chapter.
( l ) "Fuel oil" means any petroleum product
offered for sale which meets the standards prescribed for fuel oil by
this chapter.
(m) "Automotive spark-ignition engine fuel" means any product used
for the generation of power in a spark-ignition internal combustion
engine.
(n) "Compression-ignition engine fuel" means any product used for
the generation of power in a compression-ignition internal combustion
engine.
(o) "Gasoline-oxygenate blend" means a fuel consisting primarily
of gasoline along with a substantial amount of one or more
oxygenates. For purposes of this section, "substantial amount" means
more than 0.35 mass percent oxygen or, if methanol is the only
oxygenate, more than 0.15 mass percent oxygen.
(p) "Oxygenate" means an oxygen-containing, ashless, organic
compound such as an alcohol or ether, which can be used as a fuel or
fuel supplement.
(q) "Developmental engine fuel" means any experimental automotive
spark-ignition engine fuel or compression-ignition fuel which does
not meet current standards established by this chapter but has
characteristics which may lead to an improved fuel standard or the
development of an alternative fuel standard.
(r) "Hydrogen" means a fuel composed of the chemical hydrogen
intended for consumption in an internal combustion engine or fuel
cell.
SEC. 5. Section 13402 of the Business and Professions Code is
repealed.
13402. "Standard test," as used in this chapter, means test
conducted in accordance with the latest published standard adopted by
the American Society for Testing and Materials.
SEC. 6. Section 13403 of the Business and Professions Code is
repealed.
13403. "Octane number" or "antiknock index number," when used in
this chapter, means that number assigned to a spark ignition engine
fuel that designates the antiknock quality. The "octane number" or
"antiknock index number" shall be determined according to the ASTM
International method or methods designated in the latest ASTM
International Standard Specification D-4814.
SEC. 7. Section 13404 of the Business and Professions Code is
repealed.
13404. (a) The sale of compressed natural gas by persons who sell
compressed natural gas at retail to the public for use only as a
motor vehicle fuel, and who are exempted from public utility status
by subdivision (f) of Section 216 of the Public Utilities Code, is a
sale of a motor fuel for the purposes of this chapter.
(b) Compressed natural gas sold at retail to the public for use as
a motor vehicle fuel shall be sold in a gasoline gallon equivalent
that shall be equal to 126.67 cubic feet, or 5.66 pounds, of
compressed natural gas, measured at the standard pressure and
temperature, described in Section 8615 of the Revenue and Taxation
Code.
(c) Liquefied natural gas sold at retail to the public for use as
a motor vehicle fuel shall be sold in a diesel gallon equivalent that
shall be equal to 6.06 pounds of liquefied natural gas.
SEC. 8. Section 13404 is added to the Business and Professions
Code, to read:
13404. The secretary shall establish the method of sale of motor
vehicle fuels and lubricants sold at retail to the public. In doing
so, the secretary shall adopt, by reference, the latest method of
sale for motor vehicle fuels and lubricants 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 the
secretary. In the absence of national standards, the secretary may
adopt interim standards of method of sale until the time when the
standards are adopted by the National Conference on Weights and
Measures.
SEC. 9. Section 13405 of the Business and Professions Code is
amended to read:
13405. (a) The Department of Food and Agriculture
department may grant a variance from the
specifications of this chapter for developmental engine fuels if all
of the following conditions apply:
(1) Variances may only be granted to provide for the development
of information under controlled test conditions to assist in the
creation of chemical and performance standards for engine fuels.
(2) Developmental engine fuel shall only be distributed or sold to
fleet-type centrally fueled vehicle and equipment users.
(3) The applicant shall warn all parties in writing of any
potential risk associated with the use of the developmental engine
fuel.
(4) The applicant shall report information when and as the
department may prescribe in order for the department to monitor the
progress of the developmental engine fuel technology evaluation.
(b) The applicant for a variance shall comply with all other
requirements, terms, and conditions that are
contained in this division and regulations adopted by the
department to further the purposes and administration of this
section.
(c) (1) In granting a variance, the department expresses no
opinion as to whether an applicant's developmental engine fuel will
perform as represented by the applicant nor any opinion to the
extent, if at all, that the developmental engine fuel may be safely
and effectively used as a substitute for other spark-ignition or
compression-ignition engine fuels without incident.
(2) Damages caused by the sale, delivery, storage, handling, and
usage of the developmental engine fuel shall be addressed in
accordance with contractual provisions negotiated and agreed upon by
the applicant and the user.
(d) The department may withdraw a variance if the applicant does
not adhere to the conditions required to obtain the variance or if
the department recognizes a high probability of equipment harm with
the continued use of the developmental engine fuel or to protect
public safety.
SEC. 10. Section 13410 of the Business and Professions Code is
amended to read:
13410. (a) No person who is engaged in the
business of extracting oil or gas from lands within the state, or of
refining gasoline producing motor vehicle
fuels for sale within the state, may refuse to sell to any city
or county sufficient quantities of his or her petroleum
products motor vehicle fuels or lubricants, or both,
sold during the normal course of business for the
essential services provided by such the
city or county.
(b) The board of supervisors of a county or its designated county
agency, upon application for the purchase of petroleum
products motor vehicle fuels or lubricants, or both,
to perform essential services by a city within that county, by
any agency of such city or county which that
performs an essential service, or by any transit district
created pursuant to law, may arrange for such
the purchase and shall apportion the purchase among all
persons specified in subdivision (a) who engage in the sale of
petroleum products motor vehicle fuels or
lubricants, or both, within that county. The board of
supervisors or its designated county agency shall, to the extent
possible, apportion the total purchase of the petroleum
product motor vehicle fuels or lubricants, or both,
on the basis of such the persons'
sales of such petroleum product that motor
vehicle fuel or lubricant, or both, in the county during the
most recent 90-day period for which information is available.
(c) For the purposes of this section,
"essential services" means police, fire, health, and transportation
services provided by public agencies.
SEC. 11. Section 13413 of the Business and Professions Code is
amended to read:
13413. (a) It is unlawful for any person or
other legal entity to make any deceptive, false, or misleading
statement by any means whatever regarding quality, quantity,
performance, price, discount, or saving used in the sale or selling
of any commodity regulated pursuant to this chapter.
The
(b) The following misleading,
unfair, or deceptive acts or practices committed or permitted by any
person offering for sale any product which
that is regulated by this chapter are also a violation of this
section:
(a)
(1) Misrepresenting the brand, grade, quality, or price
of a petroleum product. motor vehicle fuel
or lubricant.
(b)
(2) Using false or deceptive representations or
designations in connection with the sale of petroleum
products. motor vehicle fuels or lubricants.
(c)
(3) Advertising petroleum products
motor vehicle fuels or lubricants or services and not
selling them as advertised.
(d)
(4) Advertising petroleum products
motor vehicle fuels or lubricants of a designated brand,
grade, trademark, or tradename trade name
not actually sold or available for sale.
(e)
(5) Making false, deceptive, or misleading statements
concerning conditions of sale or price reductions.
(f)
(6) Representing that the consumer will receive a
rebate, discount, or other economic benefit and then failing to give
that rebate, discount, or other economic benefit.
(g)
(7) Except as otherwise permitted, selling a grade of
motor vehicle fuel at more than one price and advertising
only the lower price without advertising each of the higher prices in
equal size numerals on the same advertising medium.
(h)
(8) Placing letters, words, figures, or numerals on any
advertising medium offering for sale any goods or merchandise, other
than motor vehicle fuel, if the advertising medium may be
construed by any reasonable person as advertising a price of motor
vehicle fuel.
(i)
(9) Forging or falsifying any records or documents
required by this chapter or knowingly keeping, using, or displaying
the false or forged records or documents.
SEC. 12. Section 13420 of the Business and Professions Code is
amended to read:
13420. Every person, firm, partnership, association, trustee, or
corporation which that owns, leases, or
rents and operates a gasoline service station or other
facility which that offers
gasoline or other any motor vehicle
fuel for sale to the public from such a the
facility abutting or adjacent to a street or highway shall
accurately update all signs, banners, or other advertising media
which that indicate hours of
such the sale. Advertising media indicating
hours of sale shall be updated on a monthly basis.
SEC. 13. Section 13421 of the Business and Professions Code is
amended to read:
13421. Every person, firm, partnership, association, trustee, or
corporation which that owns, leases, or
rents and operates a gasoline service station or other
facility which that offers
gasoline or other any motor vehicle
fuel for sale to the public from such a the
facility abutting or adjacent to a street or highway shall turn
off all outdoor lighted advertising media at their place of business
when they are not open for business. This section shall only apply
to the service station fueling facility
and not the retail business in a situation where gasoline
service station or other the fueling facility is
a part of and adjacent to a retail business provided the retail sale
of gasoline or other motor vehicle fuel is not the primary purpose
of that business.
SEC. 14. The heading of Article 5 (commencing with Section 13440)
of Chapter 14 of Division 5 of the Business and Professions Code is
amended to read:
Article 5. Standards for Gasoline
Spark-Ignition Fuels
SEC. 15. Section 13440 of the Business and Professions Code is
amended to read:
13440. (a) The department shall establish specifications for
automotive spark-ignition engine fuels. The department shall adopt by
reference the latest standards established by a recognized consensus
organization or standards writing organization such as the ASTM
International or the SAE International, for automotive spark-ignition
engine fuel, except that no specification shall be less stringent
than required by any California state law.
(b) Any gasoline-oxygenate blend containing methanol shall also
contain an alcohol cosolvent (butanol or higher molecular weight
alcohol) in an amount equal to or greater than the volume percentage
of methanol except those blends previously granted a waiver by the
United States Environmental Protection Agency.
(c) Any gasoline-oxygenate blend containing ethanol that complies
with Section 2258 of Title 13 of the California Code of Regulations,
as it reads on the effective date of the act amending this section
during the 1993-94 Regular Session, or as amended, may exceed the
Reid vapor pressure limits of ASTM D 4814 for the area and season in
which the blend is sold at retail by not more than 6.9 kilopascals
(1.0 pounds per square inch), except the total Reid vapor pressure
shall not exceed 103 kilopascals (15 pounds per square inch).
(d)
(c) The antiknock index as defined in Section
13403 13400 for gasoline and gasoline-oxygenate
blends shall not be less than 87.
(e)
(d) Gasoline and gasoline-oxygenate blends shall meet
the latest specifications set forth in ASTM D 4814,
International Standard Specification D4814,
except that no specification shall be less stringent than required by
any California state law.
(f)
(e) Notwithstanding any other provision of this
section, gasoline sold for use in Inyo or Mono County, or the portion
of Kern County lying east of the Los Angeles County Aqueduct, shall
comply with the latest specification set forth in ASTM D
4814 International Standard Specification D4814
relating to volatility class standards for the season during which
the gasoline is sold for either the interior region or the southeast
region of California, except that no specification shall be less
stringent than is required by any California state law.
(f) Ethanol fuel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D5798, except that
no specification shall be less stringent than required by any
California state law.
(g) Methanol fuel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D5797, except that
no specification shall be less stringent than required by any
California state law.
(h) Liquefied petroleum gas shall meet the latest specifications
set forth in ASTM International Standard Specification D1835, except
that no specification shall be less stringent than required by any
California state law.
(i) Natural gas for use as a motor vehicle fuel shall meet the
latest specification set forth by the American Society for Testing
and Materials International or Society of Automotive Engineers
International, except that no specification shall be less stringent
than required by any California state law.
SEC. 16. Section 13440.5 of the Business and Professions Code is
amended to read:
13440.5. For purposes of determining the percentage of a
motor fuel (including gasohol) which consists of alcohol,
ethanol in a gasoline-oxygenate blend, the volume of
alcohol ethanol includes the volume of
any denaturant (including gasoline) which
that is added to the extent that these denaturants do not
exceed 5 percent of the volume of the alcohol (including
denaturants). ethanol.
SEC. 17. Section 13442 of the Business and Professions Code is
amended to read:
13442. (a) It is unlawful for any person to
sell, offer for sale, or cause or permit to be sold or offered for
sale, or deliver or offer for delivery, any petroleum
product as a fuel for internal combustion engines at any
place where petroleum products motor vehicle
fuels are kept or stored for sale, which does not conform to
the requirements of this article, unless and until there shall be
firmly attached to or painted upon each container, receptacle, pump,
and inlet end of the fill pipe of each underground storage tank, from
which or into which such petroleum product
the motor vehicle fuel is drawn or poured for sale or delivery,
a sign or label, plainly visible, comprising the brand, trademark,
or trade name of such fuel, or the words "no brand," which
that words shall be in letters of gothic type
with a stroke of not less than one-eighth inch in width and not less
than one inch in height, and also the words "not gasoline" in red
letters of gothic type with a stroke of not less than one-half inch
in width and not less than three inches in height, on a white
background and not less than twice the size of any other letters or
words appearing on or near the label or sign.
The
(b) The provisions of this
article, as to the words "not gasoline," shall not apply to signs or
labels used in connection with the sale or delivery of kerosene, jet
or turbine fuel, diesel fuel, liquefied petroleum gas, or motor fuel
comprised of a mixture of gasoline and lubricating oil properly
labeled in accordance with the provisions of Article 9 (commencing
with Section 13480).
SEC. 18. The heading of Article 5.5 (commencing with Section
13446) of Chapter 14 of Division 5 of the Business and Professions
Code is amended to
read:
Article 5.5. Standards for Hydrogen
Alternative Fuels
SEC. 19. Section 13446 of the Business and Professions Code is
repealed.
13446. On or before January 1, 2008, the department, with the
concurrence of the State Air Resources Board, shall establish
specifications for hydrogen fuels for use in internal combustion
engines and fuel cells in motor vehicles until a standards
development organization accredited by the American National
Standards Institute (ANSI) formally adopts standards for hydrogen
fuels for use in internal combustion engines and fuel cells in motor
vehicles. The department shall then adopt by reference the latest
standards established by the ANSI-accredited standards development
organization for hydrogen fuel for use in internal combustion engines
and fuel cells in motor vehicles, except that no specification or
standard shall be less stringent than is required by state law.
SEC. 20. Section 13446 is added to the Business and Professions
Code, to read:
13446. The department may establish interim specifications for
alternative fuel for use in motor vehicles until a standards
development organization accredited by the American National
Standards Institute (ANSI) formally adopts a standard for the fuel
for use in motor vehicles. The department shall then adopt, by
reference, the latest standard established by the ANSI-accredited
standards development organization for alternative fuel, except that
no specification shall be less stringent than required by any
California state law.
SEC. 21. The heading of Article 6 (commencing with Section 13450)
of Chapter 14 of Division 5 of the Business and Professions Code is
amended to read:
Article 6. Standards for Diesel Fuel,
Compression-Ignition Engine Fuels, Kerosene, and Fuel Oils
SEC. 22. Section 13450 of the Business and Professions Code is
amended to read:
13450. The department shall establish specifications for
compression-ignition engine fuel, kerosene, and fuel oil. The
department shall adopt by reference the latest standards established
by a recognized consensus organization or standards writing
organization such as the ASTM American
Society of Testing and Materials (ASTM) International or the
SAE Society of Automotive Engineers
International, for compression-ignition engine fuels, kerosene, and
fuel oil, except that no specification shall be less stringent than
required by any California state law.
(a) Diesel fuel oil shall meet the specifications set
forth in ASTM D-975, except that sulfur specifications shall
not exceed the maximum specified by any California state law.
International Standard Specification D975.
(b) Kerosene shall meet the specifications set forth in ASTM
D-3699. International Standard Specification
D3699.
(c) Fuel oil shall meet the specifications set forth in ASTM
D-396, except that sulfur specifications shall not exceed
the maximum specified by any California state law.
International Standard Specification D396.
(d) Biodiesel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D7467.
(e) Dimethyl ether used as a motor vehicle fuel shall meet the
latest specifications set forth in ASTM International Standard
Specification D7901.
SEC. 23. The heading of Article 8 (commencing with Section 13470)
of Chapter 14 of Division 5 of the Business and Professions Code is
amended to read:
Article 8. Price Indications on Petroleum
Motor Vehicle Fuel Dispensing Apparatus
SEC. 24. Section 13470 of the Business and Professions Code is
amended to read:
13470. (a) A person shall not sell at retail to the general
public, any motor vehicle fuel from any place of business
in this state unless there is displayed on the dispensing apparatus
in a conspicuous place at least one sign or price indicator showing
the actual total price per gallon or liter
gallon, liter, or other unit of measurement adopted pursuant to
Section 12107 or 13404 of all motor vehicle fuel
sold therefrom. The actual total price per gallon, or liter,
gallon, liter, or other unit of measurement
shall include applicable fuel taxes and all sales taxes.
(b) (1) A person shall not sell at retail to the general public,
any compressed natural gas for use as a motor vehicle fuel
from any place of business in this state unless there is displayed
and labeled on the dispensing apparatus in a conspicuous place
"Gasoline gallon equivalent."
(2) A person shall not sell at retail to the general public, any
liquefied natural gas for use as a motor vehicle fuel from
any place of business in this state unless there is displayed and
labeled on the dispensing apparatus in a conspicuous place "Diesel
gallon equivalent."
(c) When a discount for cash is offered from a
dispenser computing only at the credit a
higher price, at least one sign or label shall be conspicuously
displayed on the dispenser indicating that the dispenser is
computing at the credit higher price
and indicating the amount of the discount per gallon or
liter gallon, liter, or other unit of measurement
in letters and numerals not less than one-half inch high.
(d) If motor vehicle fuel is sold by the
liter, the word "liter" unit of measurement other than
gallon, that u nit shall be conspicuously displayed
on the side of the dispensing apparatus from which service can be
made.
SEC. 25. Section 13470.5 of the Business and Professions Code is
amended to read:
13470.5. Any person selling, offering for sale, or advertising
for sale, at retail to the general public, any gasoline or other
motor vehicle fuel from any place of business in this
state by use of or through or from any dispensing apparatus and
displaying any sign showing the actual total price per liter, shall,
in addition, display in a conspicuous fashion in full view of the
retail purchaser and in accordance with provisions of this chapter, a
gallon-to-liter conversion table showing quantity and price
equivalents.
SEC. 26. Section 13471 of the Business and Professions Code is
amended to read:
13471. Each sign required by this article shall be placed in a
conspicuous place on the dispensing apparatus and if service of
gasoline or other motor vehicle fuel
may be made from more than one side of such dispensing apparatus the
sign shall be so placed as to be visible from at least two sides of
the dispensing apparatus.
SEC. 27. Section 13472 of the Business and Professions Code is
amended to read:
13472. When a sign is used in addition to a price
indicator indicator, as defined in Section
13470, and if the same grade of motor vehicle fuel is sold
at a different price from any other dispenser on the same premises,
it shall be unlawful to display such the
sign on a dispenser unless a sign with price numerals of equal
size is displayed upon each dispenser from which the same grade of
motor vehicle fuel is dispensed at higher prices.
SEC. 28. Section 13477 of the Business and Professions Code is
amended to read:
13477. The provisions of this article do not apply to the sale of
motor vehicle fuel for aircraft through or from any
portable dispensing device.
SEC. 29. Section 13480 of the Business and Professions Code is
amended to read:
13480. (a) It is unlawful for any person to sell any
petroleum product motor vehicle fuel or lubricant
referred to in this chapter at any place where
petroleum products motor vehicle fuels or lubricants
are kept or stored for sale, unless there is affixed to each
container, receptacle, pump, dispenser, and inlet end of the fill
pipe of each underground storage tank, from which or into which that
product is drawn or poured out for sale or delivery, a sign or label
plainly visible consisting of the name of the product, the brand,
trademark, or trade name of the product, and, in the case of
engine motor vehicle fuel and kerosene, the
grade or brand name designation.
(b) When the product is oil, a lubricant,
as defined by Section 13401, 13400,
each sign or label shall also have in letters or numerals,
plainly visible, the viscosity grade classification as determined in
accordance with the SAE International latest standard for engine oil
viscosity classification SAE J300 or manual transmission and axle
lubricants viscosity classification SAE J306, as applicable, and
shall be preceded by the letters "SAE."
(c) When the product is automotive spark-ignition engine fuel,
except M-85 and M-100 methanol fuel, there shall be
conspicuously displayed on the dispensing device at least one sign or
label showing the minimum octane number or antiknock index, as
defined in Section 13403, of the product sold therefrom.
the secretary shall make rules and regulations as are reasonably
necessary to define and enforce the octane number or antiknock index
labeling requirements of the product sold.
(d) When the product is a motor vehicle fuel consisting
of a mixture or premixture of gasoline and oil or gasoline-oxygenate
blend and motor oil, there shall be conspicuously displayed on the
dispensing device at least one sign or label stating the ratio of
gasoline to motor oil or gasoline-oxygenate blend to motor oil.
(e) All signs or labels required by this section for retail motor
vehicle fuel dispensers and containers of more than one
gallon capacity shall be in letters and numerals not less than
one-half inch (12.70 mm) in height. On containers of one gallon or
less, the signs or labels shall be in letters and numerals not less
than one-fourth inch (6.35 mm) in height and one-sixteenth inch (1.59
mm) in width.
(f) The provisions of this section pertaining to octane numbers or
antiknock index and motor oil SAE International viscosity number
grade shall not apply to products sold for aviation purposes.
(g) This section shall apply, with respect to thinners or
solvents, only to the sale, delivery, or offer for sale of the
products through service stations, garages, and other retail outlets.
(g) This section does not apply to electricity sold as a motor
vehicle fuel.
SEC. 30. Section 13481 of the Business and Professions Code is
amended to read:
13481. If any petroleum product motor
vehicle fuel or lubricant is offered for sale, but not under
any brand, trademark, or tradename, trade
name, the words "no brand" shall be used as the brand,
trademark, or tradename trade name
designation. The words "No Brand" shall be in letters of gothic type
with a stroke of not less than one-half inch in width, not less than
three inches in height, and shall consist of red letters on a white
background.
SEC. 31. 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 axle and manual transmission
lubricant unless the SAE/API both of
following are met:
(1) The product conforms to SAE J183 "Engine Oil Performance and
Engine Service Classification," or the European Automobile
Manufacturers' Association (ACEA) "European Oil Sequences
specification."
(2) The SAE/API or ACEA service
classification is conspicuously marked on each container.
Each
(b) Whenever the motor oil does not meet an active API service
category as defined to be the latest version of SAE J183, each sign
or label shall bear a plainly visible cautionary statement in
compliance with SAE J183 Appendix A.
(c) Each container of engine oil
with a volume of one gallon or less shall bear a plainly visible
statement indicating generally the automobile model years or
condition of service for which the engine oil is suitable for
gasoline engines as described in SAE J183.
SEC. 32. Section 13485 of the Business and Professions Code is
amended to read:
13485. Small hand measures used for delivery of petroleum
products, motor vehicle fuels or lubricants,
and filled in the presence of the customer, need not be labeled in
accordance with this chapter if the receptacle, container, or pump
from which petroleum products motor vehicle
fuels or lubricants are drawn or poured into such
the hand measures is properly labeled as
required by this chapter.
SEC. 33. Section 13486 of the Business and Professions Code is
amended to read:
13486. (a) It is unlawful, at any place of business where
petroleum products motor vehicle fuels or
lubricants are sold, for any person to do either of the
following:
(1) Deliver into a storage tank or container any
petroleum product motor vehicle fuel or lubricant
other than the product identified on the label attached to the
storage tank or container.
(2) Sell by means of, or through, a pump or other device, any
petroleum product motor vehicle fuel or
lubricant other than the product identified on the required
label, tag, or sign attached to the pump or other device.
(b) This section does not prohibit the delivery of motor
vehicle fuel into a storage tank labeled with the authorized
rebrand as provided in Article 14 (commencing with Section 13560).
SEC. 34. Section 13500 of the Business and Professions Code is
amended to read:
13500. (a) It is unlawful
for any person to transport in any tank vehicle, for the purpose of
sale or for delivery to any place where petroleum products
motor vehicle fuels or lubricants are stored for
sale, any petroleum product referred to in this
chapter unless there is firmly affixed at each outlet or valve of the
tank vehicle, a metal tag, plate, or label. The tag, plate, or label
shall display, in letters not less than one-half inch in height, the
name and grade of the product in the tank compartment of the tank
vehicle. In the case of motor oil, the Society of Automotive
Engineers International (SAE) viscosity number shall also
be displayed on the tag, plate, or label.
(b) If the product is gasoline intended to be sold as unleaded
gasoline, the grade designation shall contain a designation of
unleaded.
SEC. 35. Section 13501 of the Business and Professions Code is
amended to read:
13501. It is unlawful for any person, when delivering for the
purpose of sale, or delivering to any place where petroleum
products referred to in this chapter are kept
for sale, to commingle any product with another product or to
commingle grades of a product, if as a result of the commingling the
product delivered does not meet the specifications adopted or
established by the department.
SEC. 36. Section 13502 of the Business and Professions Code is
amended to read:
13502. It is unlawful for any person to deliver into a storage
tank or container at any place where petroleum
products referred to in this chapter are stored for sale,
any product other than the product identified on the label attached
to the storage tank or container.
SEC. 37. Section 13530 of the Business and Professions Code is
amended to read:
13530. (a) Nothing in this article applies to price indicators
and signs referred to in Article 8 (commencing with Section 13470).
However, any numerals designating the price per gallon or
liter gallon, liter, or other unit of measurement
adopted pursuant to Section 12107 or 13404 for a particular
brand and grade of motor vehicle fuel permitted or
required under Article 8 (commencing with Section 13470) shall,
unless otherwise stated, be identical in numerical value with the
price per gallon or liter gallon, liter, or
other unit of measurement for the same brand and grade of motor
vehicle fuel permitted or required under this article.
(b) Nothing in this chapter requires that the cash or merchandise
value of trading stamps be stated on any advertising media
which that either advertises the stamps or
advertises the price of motor vehicle fuel.
(c) Unless otherwise prohibited, any person selling motor
vehicle fuel by the liter shall be authorized to advertise its
price by displaying on the advertising medium either the price per
liter or the price per gallon.
SEC. 38. Section 13531 of the Business and Professions Code is
amended to read:
13531. (a) Every person offering for sale or selling any motor
vehicle fuel to the public from any place of business shall display
on the premises an advertising medium which
that complies with the requirements of this article and
which that advertises the prices of the
three major grades of motor vehicle fuel offered for sale. The
advertising medium shall be clearly visible from the street or
highway adjacent to the premises. When the place of business is
situated at an intersection, the advertising medium shall be clearly
visible from each street of the intersection. For the
purposes of this subdivision, motor vehicle fuel does not
include propane. propane or electricity.
(b) The governing body of any city, county, or city and county
may, by ordinance, exempt specified geographic areas from the
provisions of this section if, pursuant to Article 5 (commencing with
Section 65300) of Chapter 3 of Title 7 of the Government Code, the
areas are designated on the local general plan as scenic corridors or
historic preservation areas.
(c) (1) Except as provided in paragraph (2), any person who
violates the provisions of subdivision (a) is guilty of an infraction
and, upon conviction, is punishable by a fine not to exceed five
hundred dollars ($500).
(2) Any person who violates the provisions of subdivision (a) and
who has been previously convicted two or more times of a violation of
subdivision (a) is guilty of a misdemeanor and, upon conviction, is
punishable by imprisonment in the county jail not exceeding six
months, by a fine not exceeding one thousand dollars ($1,000), or by
both.
(d) Notwithstanding Section 13590, the district attorney of each
county, or pursuant to Section 41803.5 of the Government Code, the
city attorney of any general law city or chartered city within each
county, or the county sealer, shall, upon complaint or upon his or
her own motion, enforce the provisions of this section and, in
addition, may bring an action for injunctive relief in accordance
with Section 13611.
SEC. 39. Section 13532 of the Business and Professions Code is
amended to read:
13532. (a) It is unlawful for any person to display any
advertising medium which that indicates
the price of motor vehicle fuel unless the advertising
medium displays all of the following:
(1) The price per gallon or liter, gallon,
liter, or other unit of measurement adopted pursuant to
Section 12107 or 13404, including all taxes, in numerals, and
fractions when applicable, not less than six inches in height and of
uniform size and color. For the purpose of this article, fractions
are considered one numeral. For purposes of this section,
electricity sold as a motor vehicle fuel shall meet only the
requirements adopted pursuant to Section 13404.
(2) The trademark or brand of the motor vehicle fuel in
letters, figures, or numerals not less than one-third the size of
the numerals designating the price.
(3) The word "gasoline" or the name of other motor vehicle
fuel in letters not less than one-third the size of the
numerals designating the price, but these words need not be more than
four inches in height.
(4) The grade designation of the motor vehicle fuel in
letters or numerals not less than one-sixth the size of the numerals
designating the price, but this designation need not be more than
four inches in height.
(5) If motor vehicle fuel prices are advertised by the
liter, the word "liter" unit of measurement
other than gallon, the unit shall be displayed on
the advertising medium in letters not less than one-third the size of
the numerals designating the price.
(b) (1) It is unlawful for any person to display an advertising
medium which that advertises a discount
or price reduction for motor vehicle fuel, unless the
advertising medium contains all the following:
(A) The price per gallon or liter gallon,
liter, or other unit of measurement adopted pursuant to Section 12107
or 13404 from which the discount or price reduction is to be
taken.
(B) The amount of the discount or price reduction in cents per
gallon or liter gallon, liter, or other unit
of measurement using numerals which
that do not exceed the height of the numerals in the advertised
price.
(C) The conditions of the discount or price reduction using words
whose letters are not less than one-third the size of the price
numerals.
(2) Any limitations under which the discount or price reduction is
offered shall be explained in words whose letters are not less than
one-third the size of the numerals indicating the prices.
(3) There shall be available for each customer's reference, a
chart showing the amount of discount for each type unit being sold
(gallon/liter) or fraction thereof in one cent
($0.01) increments, or the retail dispensers used to dispense fuel at
the discount price shall be set to compute the total sale at the
discounted price per gallon or liter and shall be clearly labeled
"Includes Cash Discount" in letters not less than one inch in height.
(4) For purposes of this subdivision, the motor vehicle
fuel shall be sold in the same unit of measure (e.g.,
gallons or liters) in which the discount and the price from
which the discount is taken are advertised.
(c) In the event that the same grade of motor vehicle
fuel is sold at different prices from any single place of business,
it is unlawful for any person to display any advertising medium
which that advertises a price of a
grade of motor vehicle fuel unless the advertising medium
advertises in numerals of equal size each of the higher prices,
including all taxes for which the grade is sold or offered for sale,
and unless the advertising medium explains the conditions, and any
limitations, under which that grade is sold or offered for sale at
different prices. The words of explanation shall be clearly shown in
letters at least one-third the size of the numerals indicating the
prices. The different prices at which the same grade of motor
vehicle fuel is sold or offered for sale shall be advertised in
the same unit of measure (either price per gallon or price
per liter) as permitted or required by law.
(d) Nothing in this section prohibits any person who has posted or
displayed a sign or advertising medium in compliance with this
chapter from displaying additional signs or advertising media
which that state either (1) the amount
of discount in cents per gallon or liter,
gallon, liter, or other unit of measurement adopted pursuant to
Section 12107 or 13404, or (2) the price of one or more brands
or grades of motor vehicle fuel sold or offered for sale,
provided the conditions and any limitations of the discount or price
of the brand or grade of motor vehicle fuel are included
in the additional advertising media in letters not less than
one-third the size of the numerals indicating the discount or price.
SEC. 40. Section 13535 of the Business and Professions Code is
amended to read:
13535. If any motor vehicle fuel or motor oil
lubricant is advertised for sale, but not under
any brand designation, the words "no brand" shall be used on the
advertising medium as a brand designation.
SEC. 41. The heading of Article 13 (commencing with Section 13550)
of Chapter 14 of Division 5 of the Business and Professions Code is
amended to read:
Article 13. Inducements for the Sale of Gasoline or
Motor Vehicle Fuel
SEC. 42. Section 13550 of the Business and Professions Code is
amended to read:
13550. No petroleum corporation motor
vehicle fuel producer or distributor shall compel or unduly or
unreasonably influence any retail gasoline dealer
to participate in the giveaway or offer to give away free of charge
any item of value, including trading stamps or any kind of
merchandise or goods, whether or not such the
giveaway is conditional upon the purchase of
gasoline, motor fuel, or petroleum products.
vehicle fuels or lubricants. The decision to
participate in such those giveaways
shall be solely that of the retail gasoline
dealer. Nothing in this section shall prohibit a retail
gasoline dealer from entering into an agreement to
participate in any such giveaway program.
SEC. 43. Section 13570 of the Business and Professions Code is
amended to read:
13570. (a) A manufacturer, blender, agent, jobber, consignment
agent, or distributor who distributes motor vehicle fuel
products that contain at least 1 percent alcohol
by volume, shall state on an invoice, bill of lading, shipping paper,
or other documentation used in normal and customary business
practices, the percentage of alcohol, the type of alcohol, and,
except in documentation certifying the octane rating of gasoline as
required by federal law, the minimum antiknock index number, as
defined in Section 13403, of the products distributed.
(b) If a motor vehicle fuel product contains less than 10 percent
alcohol, ethanol, a statement in the
documentation that the product "contains up to 10% ethanol" meets the
requirement of subdivision (a) that it state the percentage of
alcohol.
(c) This section, as it relates to certification of the minimum
antiknock index number, applies to all motor vehicle gasoline
distributed.
SEC. 44. Section 13590 of the Business and Professions Code is
amended to read:
13590. It is the duty of the department acting through the
Division of Measurement Standards to enforce the provisions of this
chapter, and to appoint and employ such inspectors
as may be necessary therefor. necessary.
SEC. 45. Section 13591 of the Business and Professions Code is
amended to read:
13591. (a)
The department, its inspectors, and each sealer, are
hereby authorized and empowered to inspect the petroleum
products motor vehicle fuels or lubricants
referred to in this chapter and to enter, for the purpose of
such the inspection, any place where
petroleum products motor vehicle fuels or lubricants
are kept or stored for sale.
All such
(b) All those officers shall
enforce the provisions of this chapter.
SEC. 46. Section 13592 of the Business and Professions Code is
amended to read:
13592. The department, each sealer, and any person now or
hereafter authorized or empowered by law to inspect the
petroleum products motor vehicle fuels or lubricants
referred to in this chapter, may take such sample or samples as
may be necessary of any petroleum or petroleum product
motor vehicle fuel or lubricant kept or stored
for the purpose of sale.
SEC. 47. Section 13595 of the Business and Professions Code is
amended to read:
13595. (a) It is unlawful for any person to sell or deliver any
petroleum product motor vehicle fuel or
lubricant referred to in this chapter which
that fails to meet the specifications required by this
chapter.
(b) It is unlawful for any person to sell or deliver any
petroleum product motor vehicle fuel or lubricant
referred to in this chapter into, from, or through an unlabeled
or mislabeled container or device.
(c) (1) The department, each county sealer,
deputy county sealer, and inspector may close and seal outlets and
inlets of any receptacles, containers, pumps, dispensers, or storage
tanks connected to the outlets and inlets, containing any
petroleum product motor vehicle fuel or lubricant
referred to in this chapter which that
fails to meet the requirements of this chapter.
The
(2) The person so sealing shall
post in a conspicuous place on the premises, where a receptacle,
container, pump, dispenser, or storage tank connected to the outlets
and inlets has been sealed, a notice stating that the action of
sealing has been taken in accordance with this chapter, and giving
warning that it is unlawful to break, mutilate, or destroy the seal
or seals of the outlets and inlets, to move the container, or to
remove the contents from the container, under the penalty provided in
this division.
(d) 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 director secretary
or sealer representing the director
secretary may take a sample or 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.
SEC. 48. Section 13600 of the Business and Professions Code is
amended to read:
13600. It is unlawful for any person, or any member, officer,
agent, or employee of a firm, association, or corporation, other than
the department or any of the officers mentioned in this article, to
break, mutilate, or destroy any seal or seals placed upon a
container, receptacle, pump, or storage tank connected thereto, or
any other storage tank containing a petroleum product,
motor vehicle fuel or lubricant, when placed
thereon as provided by this article, or to move a container so
sealed, or remove the contents therefrom, or to cover, deface, or
remove the notice of sealing required by this article.
SEC. 49. Section 13700 of the Business and Professions Code is
amended to read:
13700. For purposes of this chapter, the following terms
mean the following:
(a) "Automotive product" means engine coolant or antifreeze,
prediluted engine coolant or prediluted antifreeze, brake fluid, and
automatic transmission fluid.
(b) "Automatic transmission fluid" means a product intended for
use in a passenger vehicle, other than a bus, as either a lubricant,
coolant, or liquid medium in any type of fluid automatic
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.
(c) "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) "Carton" means the package or wrapping in which a number of
containers are shipped or stored.
(e) "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) "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)
(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 which that
is labeled to indicate or imply that it will prevent freezing
or overheating of the cooling system of an internal combustion
engine.
(g)
(h) "Label" means all written, printed, or graphic
representations, in any form whatsoever, imprinted upon or affixed to
any container or accompanying any product referred to in this
chapter.
(h)
(i) "Prediluted engine coolant" or "prediluted
antifreeze" means any substance or preparation, regardless of its
origin, intended or labeled for use 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.
(i)
(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.
SEC. 50. Section 13710 of the Business and Professions Code is
amended to read:
13710. (a) (1) The department shall establish specifications for
engine coolants and coolants,
antifreeze, and prediluted engine
coolants coolants, and prediluted antifreeze
that promote the public safety in the operation of motor vehicles.
(2) In addition to paragraph (1), if the ASTM International adopts
standards for recycled engine coolants and antifreeze, the
department, on or before January 1, 2002, shall establish
specifications for recycled engine coolants and antifreeze, and
recycled prediluted engine coolants and antifreeze that promote the
public safety in the operation of motor vehicles.
(3)
(2) The chemical, physical, and performance
specifications for engine coolants and antifreeze and prediluted
engine coolants and prediluted antifreeze under paragraphs
paragraph (1) and (2) shall
not fall below the minimum specifications, if any, established by the
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.
(4)
(3) For purposes of this subdivision, the department
shall adopt the ASTM International testing
procedures and shall specify a virgin reference coolant that it finds
is recognized as standard in the industry. Alcohol-based
procedures. Methanol- and ethanol-based coolants and
antifreeze, excluding glycols, antifreeze
are not suitable for use in automotive engines and shall not be
sold or distributed for automotive use.
(b) Any automatic transmission fluid sold without limitation as to
type of transmission for which it is intended, shall meet all
automotive manufacturers' recommended requirements for transmissions
in general use in the state. Automatic transmission fluids that are
intended for use only in certain transmissions, as disclosed on the
label of its container, shall meet the latest automotive
manufacturers' recommended requirements for those transmissions.
(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. 51. 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) Automatic transmission fluid shall be deemed to be
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 words "Automatic Transmission
Fluid," and the duty type classification.
(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 a lot or batch number on
the label identifying the container lot or batch.
(d) Brake fluid is mislabeled if any of the following occurs:
(1) The container does not bear a label which
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.
SEC. 52. Section 13741 of the Business and Professions Code is
amended to read:
13741. (a) It is unlawful for any person or
other legal entity to make any deceptive, false, or misleading
statement by any means whatever regarding quality, quantity,
performance, price, discount, or saving in the sale or selling of any
commodity regulated pursuant to this chapter.
(b) Any manufacturer or packager of any product subject to this
chapter and sold in this state shall provide, upon request, to a duly
authorized representative of the department documentation of any
claim made on his or her product's label.
SEC. 53. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
