Amended in Senate July 16, 2015

Amended in Senate July 1, 2015

Amended in Assembly May 4, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 808

Introduced by Assembly Member Ridley-Thomas

February 26, 2015

An act to amend Sections 13405, 13410, 13411, 13413, 13420, 13421, 13440, 13440.5, 13442, 13450, 13460, 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 2 (commencing with Section 13410) of Chapter 14 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 add Section 13404.5 to, to repeal Sections 13401, 13402, and 13403 of, and to repeal and add Sections 13400 and 13446 of, the Business and Professions Code, relating to automotive fuels and products.

LEGISLATIVE COUNSEL’S DIGEST

AB 808, as amended, 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 electricity onboard, an electric vehicle primarily for the purpose of propulsion and other alternative fuels. The bill would authorize the department to establish interim specifications 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 prohibits the sale of a petroleum product that is conditioned on the purchase of another product, merchandise, or service, except that a person who operates a full service car wash facility may condition the sale of petroleum products on the purchase of a car wash.

This bill would instead prohibit the conditional sale of motor vehicle fuel rather than petroleum products, and would delete the exemption for full service car wash facilities.

(3) 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 revise the classifications and specifications to which engine oil or lubricants and axle and manual transmission lubricants are required to conform.

(4) 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 transmission fluid to be mislabeled if the container and carton do not bear information 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.

(5) This bill would make conforming and nonsubstantive changes.

(6) Because a violation of the above provisions would be a crime, this bill would impose a state-mandated local program.

(7) 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. Fuels and Lubricants

 

SEC. 2.  

Section 13400 of the Business and Professions Code
is repealed.

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:

(1) “Biodiesel,” a fuel comprised of mono-alkyl esters of long
chain fatty acids derived from plant or animal matter that meets
the requirements of the ASTM International Standard Specification
D6751 “Standard Specification for Biodiesel Fuel Blend Stock
(B100) for Middle Distillate Fuels.”

(2) “Biodiesel blend,” a fuel comprised of biodiesel mixed with
diesel fuel that meets the requirements of ASTM International
Standard Specification D7467.

(3) “Dimethyl ether,” an organic compound meant for
combustion in compression-ignition engines that meets the
requirements of dimethyl ether prescribed in this chapter.

(4) “Electricity,” electrical energy transferred to or stored
onboard an electric vehicle primarily for the purpose of propulsion.

(5) “Ethanol,” denatured motor fuel ethanol meeting the
requirements of ASTM International Standard Specification D4806.

(6) “Ethanol fuel blend,” a motor vehicle fuel consisting
primarily of ethanol mixed with gasoline meeting the standards
prescribed for ethanol fuel blends by this chapter.

(7) “Hydrogen,” a fuel consisting of high purity hydrogen
intended for consumption in a motor vehicle with an internal
combustion engine or fuel cell that meets the standards for
hydrogen prescribed by this chapter.

(8) “Methanol fuel blend,” a motor vehicle fuel consisting
primarily of methanol mixed with gasoline meeting the standards
prescribed by this chapter.

(9) “Natural gas,” 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,” 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 determines is an alternative fuel that has a standard
specification from a standards development organization accredited
by the American National Standards Institute (ANSI), or an interim
standard specification pursuant to Section 13446.

(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 engine 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 any 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 vehicle fuel” means “engine fuel”
when that term is used in this chapter.

(h) “Fuel oil” means any product offered for sale that is burned
in a furnace or boiler for the generation of heat and meets the
standards prescribed for fuel oil 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 that meets ASTM International Standard D4814.

(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” means an oil that reduces friction and wear
between the moving parts within an internal combustion engine
and also serves as a coolant. For purposes of this chapter, motor
oil also means engine oil.

(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
D4814.

(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. Renewable diesel fuel does
not include biodiesel, as defined in paragraph (1) of subdivision
(b).

(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” means a 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.

SEC. 5.  

Section 13402 of the Business and Professions Code
is repealed.

SEC. 6.  

Section 13403 of the Business and Professions Code
is repealed.

SEC. 7.  

Section 13404.5 is added to the Business and
Professions Code, to read:

13404.5.  

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 provided by the
Legislature or modified, amended, or rejected by regulations
adopted 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 and published in the National Institute
of Standards and Technology.

SEC. 8.  

Section 13405 of the Business and Professions Code
is amended to read:

13405.  

(a) The 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 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. 9.  

The heading of Article 2 (commencing with Section
13410) of Chapter 14 of Division 5 of the Business and Professions
Code is amended to read:

 

Article 2.  Sale of Motor Vehicle Fuels and Lubricants

 

SEC. 10.  

Section 13410 of the Business and Professions Code
is amended to read:

13410.  

(a) No person engaged in the business of extracting
oil or gas from lands within the state, or of producing motor vehicle
fuels for sale within the state, may refuse to sell to any city or
county sufficient quantities of his or her motor vehicle fuels or
lubricants, or both, sold during the normal course of business for
the essential services provided by the city or county.

(b) The board of supervisors of a county or its designated county
agency, upon application for the purchase of 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 that performs
an essential service, or by any transit district created pursuant to
law, may arrange for the purchase and shall apportion the purchase
among all persons specified in subdivision (a) who engage in the
sale of 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 motor
vehicle fuels or lubricants, or both, on the basis of the persons’
sales of 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 purposes of this section, “essential services” means
police, fire, health, and transportation services provided by public
agencies.

SEC. 11.  

Section 13411 of the Business and Professions Code
is amended to read:

13411.  

It is unlawful for any person to sell or offer to sell motor
vehicle fuel for use in any vehicle, as the term vehicle is defined
by the Vehicle Code, on the condition that the purchaser also must
purchase or pay for any other products, merchandise, or services.
This section does not apply to parking time charges at locations
also selling electricity as a motor vehicle fuel.

SEC. 12.  

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.

(b) The following misleading, unfair, or deceptive acts or
practices committed or permitted by any person offering for sale
any product that is regulated by this chapter are also a violation
of this section:

(1) Misrepresenting the brand, grade, quality, or price of a motor
vehicle fuel or lubricant.

(2) Using false or deceptive representations or designations in
connection with the sale of motor vehicle fuels or lubricants.

(3) Advertising motor vehicle fuels or lubricants or services and
not selling them as advertised.

(4) Advertising motor vehicle fuels or lubricants of a designated
brand, grade, trademark, or trade name not actually sold or
available for sale.

(5) Making false, deceptive, or misleading statements concerning
conditions of sale or price reductions.

(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.

(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.

(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.

(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. 13.  

Section 13420 of the Business and Professions Code
is amended to read:

13420.  

Every person, firm, partnership, association, trustee,
or corporation that owns, leases, or rents and operates a facility
that offers any motor vehicle fuel for sale to the public from a
fueling facility abutting or adjacent to a street or highway shall
accurately update all signs, banners, or other advertising media
that indicate hours of the sale. Advertising media indicating hours
of sale shall be updated on a monthly basis.

SEC. 14.  

Section 13421 of the Business and Professions Code
is amended to read:

13421.  

Every person, firm, partnership, association, trustee,
or corporation that owns, leases, or rents and operates a facility
that offers any motor vehicle fuel for sale to the public from 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 fueling facility and not the retail business in a situation where
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. 15.  

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 Spark-Ignition Fuels

 

SEC. 16.  

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
ASTM International or 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) The antiknock index as defined in Section 13400 for gasoline
and gasoline-oxygenate blends shall not be less than 87.

(d) Gasoline and gasoline-oxygenate blends shall meet the latest
specifications set forth in ASTM International Standard
Specification D4814.

(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 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.

(f) Ethanol fuel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D5798.

(g) Methanol fuel blends shall meet the latest specifications set
forth in ASTM International Standard Specification D5797.

(h) Liquefied petroleum gas for use as a motor vehicle fuel shall
meet the latest specifications set forth in ASTM International
Standard Specification D1835.

(i) Natural gas for use as a motor vehicle fuel shall meet the
latest specification set forth by the ASTM International or SAE
International.

SEC. 17.  

Section 13440.5 of the Business and Professions
Code is amended to read:

13440.5.  

For purposes of determining the percentage of ethanol
in a gasoline-oxygenate blend for use as a fuel, the volume of
ethanol includes the volume of any denaturant (including gasoline)
that is added to the extent that these denaturants do not exceed the
maximum volume percent specified in the latest standard
established by ASTM International, except that no standard shall
be less stringent than required by any California state law.

SEC. 18.  

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 product used as a motor vehicle fuel for internal
combustion engines at any place where 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, or other equipment
used for storage of motor vehicle fuel, from which or into which
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,” 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.

(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, natural 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).

(c) This section does not apply to electricity sold as a motor
vehicle fuel.

SEC. 19.  

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 Alternative Fuels

 

SEC. 20.  

Section 13446 of the Business and Professions Code
is repealed.

SEC. 21.  

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. 22.  

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 Compression-Ignition Engine Fuels,
Kerosene, and Fuel Oils

 

SEC. 23.  

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 International or the SAE
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 and renewable diesel fuel oil shall meet the
specifications set forth in ASTM International Standard
Specification D975.

(b) Kerosene shall meet the specifications set forth in ASTM
International Standard Specification D3699.

(c) Fuel oil shall meet the specifications set forth in ASTM
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.

(f) Renewable diesel fuel shall meet the specifications set forth
in ASTM International Standard Specification D975.

SEC. 24.  

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 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 Oil 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.

(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) 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.

SEC. 25.  

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 Motor Vehicle Fuel Dispensing
Apparatus

 

SEC. 26.  

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
total price per gallon, liter, or other unit of measurement adopted
pursuant to Section 12107, 13404, or 13404.5 of all motor vehicle
fuel sold therefrom. The total price per 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 is offered from a dispenser computing only
at a higher price, at least one sign or label shall be conspicuously
displayed on the dispenser indicating that the dispenser is
computing at the higher price and indicating the amount of the
discount per unit of measurement in letters and numerals not less
than one-half inch high.

(d) If motor vehicle fuel is sold by unit of measurement other
than gallon, that unit shall be conspicuously displayed on the side
of the dispensing apparatus from which service can be made.

SEC. 27.  

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 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. 28.  

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
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. 29.  

Section 13472 of the Business and Professions Code
is amended to read:

13472.  

When a sign is used in addition to a price 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 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. 30.  

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. 31.  

Section 13480 of the Business and Professions Code
is amended to read:

13480.  

(a) It is unlawful for any person to sell any motor
vehicle fuel or lubricant referred to in this chapter at any place
where 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 motor vehicle fuel and kerosene,
the grade or brand name designation.

(b) When the product is a lubricant, as defined by Section 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,
the secretary shall make rules and regulations as are reasonably
necessary to define and enforce the octane number, antiknock
index labeling requirements, or other 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 does not apply to electricity sold as a motor
vehicle fuel.

SEC. 32.  

Section 13481 of the Business and Professions Code
is amended to read:

13481.  

(a) If any motor vehicle fuel or lubricant is offered for
sale, but not under any brand, trademark, or trade name, the words
“no brand” shall be used as the brand, trademark, or 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.

(b) This section does not apply to electricity sold as a motor
vehicle fuel.

SEC. 33.  

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 Oil 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. 34.  

Section 13485 of the Business and Professions Code
is amended to read:

13485.  

Small hand measures used for delivery of 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 motor vehicle fuels or lubricants
are drawn or poured into the hand measures is properly labeled as
required by this chapter.

SEC. 35.  

Section 13486 of the Business and Professions Code
is amended to read:

13486.  

(a) It is unlawful, at any place of business where 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 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
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. 36.  

Section 13500 of the Business and Professions Code
is amended to read:

13500.  

It is unlawful for any person to transport in any tank
vehicle, for the purpose of sale or for delivery to any place where
motor vehicle fuels or lubricants are stored for sale, any 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 SAE
International viscosity number shall also be displayed on the tag,
plate, or label.

SEC. 37.  

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 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. 38.  

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 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. 39.  

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 total price per
gallon, liter, or other unit of measurement adopted pursuant to
Section 12107, 13404, or 13404.5 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, 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 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. 40.  

Section 13531 of the Business and Professions Code
is amended to read:

13531.  

(a) (1) 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 that complies with
the requirements of this article and that advertises the total prices
of the three major grades of motor vehicle fuel offered for sale.

(2) 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.

(3) For purposes of this subdivision, motor vehicle fuel does
not include propane.

(4) For purposes of this subdivision, electricity and natural gas
sold as a motor vehicle fuel shall meet only the requirements
adopted pursuant to begin delete Section 13404. end delete begin insert Sections 13404 and 13404.5. end insert

(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. 41.  

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 that indicates the price of motor vehicle fuel
unless the advertising medium displays all of the following:

(1) The total price per gallon, liter, or other unit of measurement
adopted pursuant to Section 12107, 13404, or 13404.5, including
all taxes, in numerals, and fractions when applicable, not less than
six inches in height and of uniform size and color. For purposes
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 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 that advertises a discount or price reduction for motor
vehicle fuel, unless the advertising medium contains all the
following:

(A) The total price per gallon, liter, or other unit of measurement
adopted pursuant to Section 12107, 13404, or 13404.5 from which
the discount or price reduction is to be taken.

(B) The amount of the discount or price reduction in cents per
gallon, liter, or other unit of measurement using numerals 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 of unit being
sold or fraction thereof in one cent ($0.01) increments, or the retail
dispensers used to dispense motor vehicle 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 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 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 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 that
state either (1) the amount of discount in cents per gallon, liter, or
other unit of measurement adopted pursuant to Section 12107,
13404, or 13404.5, or (2) the total 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. 42.  

Section 13535 of the Business and Professions Code
is amended to read:

13535.  

If any motor vehicle fuel or 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. 43.  

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 Motor Vehicle Fuel

 

SEC. 44.  

Section 13550 of the Business and Professions Code
is amended to read:

13550.  

No motor vehicle fuel producer or distributor shall
compel or unduly or unreasonably influence any retail 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 the giveaway is conditional
upon the purchase of motor vehicle fuels or lubricants. The decision
to participate in those giveaways shall be solely that of the retail
dealer. Nothing in this section shall prohibit a retail dealer from
entering into an agreement to participate in any giveaway program.

SEC. 45.  

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 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
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 ethanol.

(c) This section, as it relates to certification of the minimum
antiknock index number, applies to all motor vehicle gasoline
distributed.

SEC. 46.  

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 inspectors as may be
necessary.

SEC. 47.  

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 motor vehicle
fuels or lubricants referred to in this chapter and to enter, for the
purpose of the inspection, any place where motor vehicle fuels or
lubricants are kept or stored for sale.

(b) All those officers shall enforce the provisions of this chapter.

SEC. 48.  

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 motor
vehicle fuels or lubricants referred to in this chapter, may take
such sample or samples as may be necessary of any motor vehicle
fuel or lubricant kept or stored for the purpose of sale.

SEC. 49.  

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
motor vehicle fuel or lubricant referred to in this chapter that fails
to meet the specifications required by this chapter.

(b) It is unlawful for any person to sell or deliver any 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 motor vehicle
fuel or lubricant referred to in this chapter that fails to meet the
requirements of this chapter.

(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 secretary or sealer representing the 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. 50.  

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 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. 51.  

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,
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) “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.

(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.

SEC. 52.  

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
disclosed on the label of its container. No transmission fluid shall
be sold without clearly disclosing, on the label of its container, the
type of transmission for which it is intended.

(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. 53.  

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 words “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 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.

SEC. 54.  

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. 55.  

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.