BILL NUMBER: AB 2022	CHAPTERED  09/26/06

	CHAPTER  473
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2006
	PASSED THE ASSEMBLY  AUGUST 22, 2006
	PASSED THE SENATE  AUGUST 21, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  MAY 26, 2006
	AMENDED IN ASSEMBLY  MARCH 29, 2006

INTRODUCED BY   Assembly Member Ruskin

                        FEBRUARY 14, 2006

   An act to add Section 13139 to the Health and Safety Code,
relating to product safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2022, Ruskin  Product safety: portable gasoline containers.
   Existing law makes it a misdemeanor for any person to violate a
provision of fire and safety regulations made by the State Fire
Marshal pursuant to specified provisions of law.
   This bill would prohibit, with specified exception, the sale, or
possession for sale, portable gasoline containers that are not
designed according to specified child-resistant standards and
approved and listed by the State Fire Marshal.
   Because this bill would create a new crime, it would impose a
state-mandated local program.
  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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13139 is added to the Health and Safety Code,
to read:
   13139.  (a) On or before January 1, 2008, the State Fire Marshal
shall approve and list portable gasoline containers that are designed
and constructed according to one of the following child-resistant
standards:
   (1) Construction and design standards which are substantially the
same as the American Society for Testing and Materials (ASTM)
F2517-05 standard, issued by ASTM International, or any successor
standard issued by ASTM International.
   (2) Construction and design standards approved by a national
testing laboratory recognized by the State Fire Marshal.
   (b) No person shall sell, offer for sale, or possess for sale, on
or after April 1, 2008, portable gasoline containers that have not
been listed and approved by the State Fire Marshal.
   (c) For purposes of this section, "portable gasoline container"
means any container or vessel with a nominal capacity of 10 gallons
or less intended for reuse and is designed, or used, sold, advertised
or offered for sale primarily for receiving, transporting, storing,
or dispensing gasoline. "Portable fuel containers" does not include
containers or vessels permanently embossed or permanently labeled as
described in Section 172.407(a) of Title 49 of the Code of Federal
Regulations, as it existed on September 15, 2005, indicating
containers or vessels that are solely intended for use with nonfuel
or nonkerosene products.
   (d) Retailers are permitted to sell through existing supplies of
portable gasoline containers that have not been listed and approved
for sale by the State Fire Marshal.
   (e) This section shall cease to be applicable if federal fire
safety standards for portable gasoline containers that preempt this
section are enacted and take effect subsequent to the effective date
of this statute and the State Fire Marshal so notifies the Secretary
of State.
  SEC. 2  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.