BILL NUMBER: AB 1100 CHAPTERED 04/15/08 CHAPTER 5 FILED WITH SECRETARY OF STATE APRIL 15, 2008 APPROVED BY GOVERNOR APRIL 15, 2008 PASSED THE SENATE MARCH 24, 2008 PASSED THE ASSEMBLY APRIL 3, 2008 AMENDED IN SENATE MARCH 12, 2008 AMENDED IN SENATE FEBRUARY 28, 2008 AMENDED IN SENATE JULY 9, 2007 AMENDED IN ASSEMBLY MAY 1, 2007 AMENDED IN ASSEMBLY APRIL 11, 2007 INTRODUCED BY Assembly Member Ruskin FEBRUARY 23, 2007 An act to amend Section 13139 of the Health and Safety Code, relating to fire safety, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1100, Ruskin. Portable gasoline containers: safety cans. Existing law requires the State Fire Marshal to approve and list portable gasoline containers that are designed and constructed according to specified child-resistant standards. Existing law prohibits a person from selling, offering for sale, or possessing for sale, on or after April 1, 2008, a portable gasoline container that has not been listed and approved by the State Fire Marshal, except as specified. This bill would exempt from the above prohibition a safety can that meets the requirements of specified provisions of federal law and, for a can manufactured after October 31, 2008, that contains prescribed language indicating that it is not childproof. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13139 of the Health and Safety Code is amended 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 that 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, a portable gasoline container that has 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 that is intended for reuse and is designed, used, sold, advertised, or offered for sale primarily for receiving, transporting, storing, or dispensing gasoline. "Portable gasoline container" does not include either of the following: (1) A container or vessel 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. (2) A safety can meeting the requirements of Subpart F (commencing with Section 1926.150) of Part 1926 of Title 29 of the Code of Federal Regulations, as it existed on January 1, 2008. This exception shall not apply to any safety can manufactured after October 31, 2008, unless the can contains a label or silkscreen of the words "NOT CHILDPROOF" in a conspicuous and prominent place against a contrasting background, and the type shall be clear and legible. On safety cans larger than one quart, the font size of the label wording shall be printed in at least 12-point type. On safety cans one-quart and smaller, the font size of the label wording shall be printed in at least 8-point type. All labels shall be printed in both English and Spanish. (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. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to promote public safety by ensuring that safety cans mandated for use by federal and state law may continue to be sold in California, it is necessary that this act take effect immediately.