California 2021-2022 Regular Session

California Assembly Bill AB2968 Compare Versions

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11 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2968Introduced by Committee on Privacy and Consumer Protection (Assembly Members Gabriel (Chair), Kiley (Vice Chair), Bauer-Kahan, Bennett, Cunningham, Mike Fong, Irwin, and Wicks)March 17, 2022 An act to amend Sections 13460, 13461, 13482, 13700, 13710, and 13711 of the Business and Professions Code, relating to consumer protection. LEGISLATIVE COUNSEL'S DIGESTAB 2968, as introduced, Committee on Privacy and Consumer Protection. Privacy and consumer protection omnibus.(1) Existing law regulates the sales of motor vehicle fuels and lubricants, including engine oil, and requires engine oil sold or distributed in the state for use in an internal combustion engine to conform to certain specifications and labeling requirements. Existing law requires the Department of Food and Agriculture, acting through the Division of Measurement Standards, to enforce these provisions.This bill would revise these engine oil specifications by deleting an obsolete specification and by adding an additional specification that an engine oil may meet in order to be sold or distributed in the state. The bill would make other related changes. (2) Existing law regulates the sale of automotive products, such as transmission fluid, and requires the Department of Food and Agriculture and county sealers to enforce these provisions. Under existing law, transmission fluid is prohibited from being sold without clearly disclosing, on the label of its container, the type of transmission for which it is intended. Under existing law, transmission fluid is required to meet the latest automotive manufacturers recommended requirements for all transmissions disclosed on the label of its container. Existing law deems a transmission fluid as mislabeled if the container does not bear a label on which is printed certain information, including, among other things, the duty type classification. A violation of these provisions governing the sale of automotive products is a crime.This bill would prohibit a transmission fluid from being sold without clearly disclosing each duty type classification, as defined, that the fluid is intended to meet. The bill would require transmission fluid to meet each duty type classification disclosed on the principal display panel on its container. The bill would additionally deem transmission fluid to be mislabeled if the container does not bear a label on which is printed each type of transmission for which the transmission fluid is intended. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13460 of the Business and Professions Code is amended to read:13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:(a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Specification. Sequences specification, or a minimum of one active OEM specification.(b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.(c)Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent.(d)(c) Any engine oil represented as resource conserving shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.SEC. 2. Section 13461 of the Business and Professions Code is amended to read:13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:(a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.(b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.(c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.SEC. 3. Section 13482 of the Business and Professions Code is amended to read:13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:(1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 Engine Oil Performance and Engine Service Classification, a minimum of one active sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Sequences specification, Sequences specification, or a minimum of one active OEM specification.(2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents.(b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade.SEC. 4. Section 13700 of the Business and Professions Code is amended to read:13700. For purposes of this chapter, the following terms mean the following: definitions apply:(a) Automotive product means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.(b)Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(c)(b) Brake fluid means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(d)(c) Carton means the package or wrapping in which a number of containers are shipped or stored.(e)(d) Container means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.(f)(e) Diesel exhaust fluid or DEF means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.(f) Duty type classification means the automotive manufacturers latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers Association (ACEA), for a transmission fluid.(g) Engine coolant or antifreeze means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.(h) Label means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.(i) Prediluted engine coolant or prediluted antifreeze means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.(j) Principal display panel means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.(k) Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(l) Type of transmission means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.SEC. 5. Section 13710 of the Business and Professions Code is amended to read:13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended matter or sediment.(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.(b) Transmission fluid shall meet the latest automotive manufacturers recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products label.SEC. 6. Section 13711 of the Business and Professions Code is amended to read:13711. (a) An engine coolant or antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a chart on the label showing appropriate amounts of engine coolant or antifreeze and water in terms of liquid measure to be used to provide protection from freezing at temperatures to at least 30 degrees below zero Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point of a 50 percent by volume mixture of engine coolant or antifreeze and water in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a statement on the label showing the protection from freezing in degrees Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The container is one quart or less and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least1/8 inch high. The container is greater than one quart and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least 1/4 inch high.(6) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(c) Transmission fluid is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words Transmission Fluid, and the each duty type classification. classification that the transmission fluid is intended to meet.(2) The container does not bear a label on which is printed an accurate statement of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(4) The container and carton do not bear information that identifies the container lot or batch.(d) Brake fluid is mislabeled if any of the following occurs:(1) The container does not bear a label that conforms to the requirements of the National Highway Traffic Safety Administration, United States Department of Transportation, and upon which is printed the brand name.(2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, except as specifically modified, amended, or rejected by regulation adopted by the secretary.(f) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the sealer may take one or more samples reasonably necessary for enforcement purposes and may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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33 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2968Introduced by Committee on Privacy and Consumer Protection (Assembly Members Gabriel (Chair), Kiley (Vice Chair), Bauer-Kahan, Bennett, Cunningham, Mike Fong, Irwin, and Wicks)March 17, 2022 An act to amend Sections 13460, 13461, 13482, 13700, 13710, and 13711 of the Business and Professions Code, relating to consumer protection. LEGISLATIVE COUNSEL'S DIGESTAB 2968, as introduced, Committee on Privacy and Consumer Protection. Privacy and consumer protection omnibus.(1) Existing law regulates the sales of motor vehicle fuels and lubricants, including engine oil, and requires engine oil sold or distributed in the state for use in an internal combustion engine to conform to certain specifications and labeling requirements. Existing law requires the Department of Food and Agriculture, acting through the Division of Measurement Standards, to enforce these provisions.This bill would revise these engine oil specifications by deleting an obsolete specification and by adding an additional specification that an engine oil may meet in order to be sold or distributed in the state. The bill would make other related changes. (2) Existing law regulates the sale of automotive products, such as transmission fluid, and requires the Department of Food and Agriculture and county sealers to enforce these provisions. Under existing law, transmission fluid is prohibited from being sold without clearly disclosing, on the label of its container, the type of transmission for which it is intended. Under existing law, transmission fluid is required to meet the latest automotive manufacturers recommended requirements for all transmissions disclosed on the label of its container. Existing law deems a transmission fluid as mislabeled if the container does not bear a label on which is printed certain information, including, among other things, the duty type classification. A violation of these provisions governing the sale of automotive products is a crime.This bill would prohibit a transmission fluid from being sold without clearly disclosing each duty type classification, as defined, that the fluid is intended to meet. The bill would require transmission fluid to meet each duty type classification disclosed on the principal display panel on its container. The bill would additionally deem transmission fluid to be mislabeled if the container does not bear a label on which is printed each type of transmission for which the transmission fluid is intended. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 2968
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1515 Introduced by Committee on Privacy and Consumer Protection (Assembly Members Gabriel (Chair), Kiley (Vice Chair), Bauer-Kahan, Bennett, Cunningham, Mike Fong, Irwin, and Wicks)March 17, 2022
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1717 Introduced by Committee on Privacy and Consumer Protection (Assembly Members Gabriel (Chair), Kiley (Vice Chair), Bauer-Kahan, Bennett, Cunningham, Mike Fong, Irwin, and Wicks)
1818 March 17, 2022
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2020 An act to amend Sections 13460, 13461, 13482, 13700, 13710, and 13711 of the Business and Professions Code, relating to consumer protection.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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2626 AB 2968, as introduced, Committee on Privacy and Consumer Protection. Privacy and consumer protection omnibus.
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2828 (1) Existing law regulates the sales of motor vehicle fuels and lubricants, including engine oil, and requires engine oil sold or distributed in the state for use in an internal combustion engine to conform to certain specifications and labeling requirements. Existing law requires the Department of Food and Agriculture, acting through the Division of Measurement Standards, to enforce these provisions.This bill would revise these engine oil specifications by deleting an obsolete specification and by adding an additional specification that an engine oil may meet in order to be sold or distributed in the state. The bill would make other related changes. (2) Existing law regulates the sale of automotive products, such as transmission fluid, and requires the Department of Food and Agriculture and county sealers to enforce these provisions. Under existing law, transmission fluid is prohibited from being sold without clearly disclosing, on the label of its container, the type of transmission for which it is intended. Under existing law, transmission fluid is required to meet the latest automotive manufacturers recommended requirements for all transmissions disclosed on the label of its container. Existing law deems a transmission fluid as mislabeled if the container does not bear a label on which is printed certain information, including, among other things, the duty type classification. A violation of these provisions governing the sale of automotive products is a crime.This bill would prohibit a transmission fluid from being sold without clearly disclosing each duty type classification, as defined, that the fluid is intended to meet. The bill would require transmission fluid to meet each duty type classification disclosed on the principal display panel on its container. The bill would additionally deem transmission fluid to be mislabeled if the container does not bear a label on which is printed each type of transmission for which the transmission fluid is intended. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
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3030 (1) Existing law regulates the sales of motor vehicle fuels and lubricants, including engine oil, and requires engine oil sold or distributed in the state for use in an internal combustion engine to conform to certain specifications and labeling requirements. Existing law requires the Department of Food and Agriculture, acting through the Division of Measurement Standards, to enforce these provisions.
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3232 This bill would revise these engine oil specifications by deleting an obsolete specification and by adding an additional specification that an engine oil may meet in order to be sold or distributed in the state. The bill would make other related changes.
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3434 (2) Existing law regulates the sale of automotive products, such as transmission fluid, and requires the Department of Food and Agriculture and county sealers to enforce these provisions. Under existing law, transmission fluid is prohibited from being sold without clearly disclosing, on the label of its container, the type of transmission for which it is intended. Under existing law, transmission fluid is required to meet the latest automotive manufacturers recommended requirements for all transmissions disclosed on the label of its container. Existing law deems a transmission fluid as mislabeled if the container does not bear a label on which is printed certain information, including, among other things, the duty type classification. A violation of these provisions governing the sale of automotive products is a crime.
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3636 This bill would prohibit a transmission fluid from being sold without clearly disclosing each duty type classification, as defined, that the fluid is intended to meet. The bill would require transmission fluid to meet each duty type classification disclosed on the principal display panel on its container. The bill would additionally deem transmission fluid to be mislabeled if the container does not bear a label on which is printed each type of transmission for which the transmission fluid is intended. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
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3838 (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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4040 This bill would provide that no reimbursement is required by this act for a specified reason.
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4646 The people of the State of California do enact as follows:SECTION 1. Section 13460 of the Business and Professions Code is amended to read:13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:(a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Specification. Sequences specification, or a minimum of one active OEM specification.(b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.(c)Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent.(d)(c) Any engine oil represented as resource conserving shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.SEC. 2. Section 13461 of the Business and Professions Code is amended to read:13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:(a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.(b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.(c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.SEC. 3. Section 13482 of the Business and Professions Code is amended to read:13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:(1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 Engine Oil Performance and Engine Service Classification, a minimum of one active sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Sequences specification, Sequences specification, or a minimum of one active OEM specification.(2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents.(b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade.SEC. 4. Section 13700 of the Business and Professions Code is amended to read:13700. For purposes of this chapter, the following terms mean the following: definitions apply:(a) Automotive product means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.(b)Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(c)(b) Brake fluid means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(d)(c) Carton means the package or wrapping in which a number of containers are shipped or stored.(e)(d) Container means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.(f)(e) Diesel exhaust fluid or DEF means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.(f) Duty type classification means the automotive manufacturers latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers Association (ACEA), for a transmission fluid.(g) Engine coolant or antifreeze means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.(h) Label means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.(i) Prediluted engine coolant or prediluted antifreeze means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.(j) Principal display panel means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.(k) Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(l) Type of transmission means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.SEC. 5. Section 13710 of the Business and Professions Code is amended to read:13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended matter or sediment.(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.(b) Transmission fluid shall meet the latest automotive manufacturers recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products label.SEC. 6. Section 13711 of the Business and Professions Code is amended to read:13711. (a) An engine coolant or antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a chart on the label showing appropriate amounts of engine coolant or antifreeze and water in terms of liquid measure to be used to provide protection from freezing at temperatures to at least 30 degrees below zero Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point of a 50 percent by volume mixture of engine coolant or antifreeze and water in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a statement on the label showing the protection from freezing in degrees Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The container is one quart or less and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least1/8 inch high. The container is greater than one quart and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least 1/4 inch high.(6) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(c) Transmission fluid is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words Transmission Fluid, and the each duty type classification. classification that the transmission fluid is intended to meet.(2) The container does not bear a label on which is printed an accurate statement of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(4) The container and carton do not bear information that identifies the container lot or batch.(d) Brake fluid is mislabeled if any of the following occurs:(1) The container does not bear a label that conforms to the requirements of the National Highway Traffic Safety Administration, United States Department of Transportation, and upon which is printed the brand name.(2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, except as specifically modified, amended, or rejected by regulation adopted by the secretary.(f) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the sealer may take one or more samples reasonably necessary for enforcement purposes and may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
4747
4848 The people of the State of California do enact as follows:
4949
5050 ## The people of the State of California do enact as follows:
5151
5252 SECTION 1. Section 13460 of the Business and Professions Code is amended to read:13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:(a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Specification. Sequences specification, or a minimum of one active OEM specification.(b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.(c)Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent.(d)(c) Any engine oil represented as resource conserving shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.
5353
5454 SECTION 1. Section 13460 of the Business and Professions Code is amended to read:
5555
5656 ### SECTION 1.
5757
5858 13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:(a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Specification. Sequences specification, or a minimum of one active OEM specification.(b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.(c)Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent.(d)(c) Any engine oil represented as resource conserving shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.
5959
6060 13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:(a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Specification. Sequences specification, or a minimum of one active OEM specification.(b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.(c)Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent.(d)(c) Any engine oil represented as resource conserving shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.
6161
6262 13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:(a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Specification. Sequences specification, or a minimum of one active OEM specification.(b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.(c)Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent.(d)(c) Any engine oil represented as resource conserving shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.
6363
6464
6565
6666 13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications:
6767
6868 (a) It shall meet the engine oil requirements established by a minimum of one current active API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Specification. Sequences specification, or a minimum of one active OEM specification.
6969
7070 (b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.
7171
7272 (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.
7373
7474
7575
7676 (d)
7777
7878
7979
8080 (c) Any engine oil represented as resource conserving shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. J1423.
8181
8282 SEC. 2. Section 13461 of the Business and Professions Code is amended to read:13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:(a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.(b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.(c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.
8383
8484 SEC. 2. Section 13461 of the Business and Professions Code is amended to read:
8585
8686 ### SEC. 2.
8787
8888 13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:(a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.(b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.(c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.
8989
9090 13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:(a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.(b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.(c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.
9191
9292 13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:(a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.(b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.(c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.
9393
9494
9595
9696 13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications:
9797
9898 (a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308.
9999
100100 (b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International.
101101
102102 (c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. ASTM International Standard Test Method ASTM D2273.
103103
104104 SEC. 3. Section 13482 of the Business and Professions Code is amended to read:13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:(1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 Engine Oil Performance and Engine Service Classification, a minimum of one active sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Sequences specification, Sequences specification, or a minimum of one active OEM specification.(2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents.(b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade.
105105
106106 SEC. 3. Section 13482 of the Business and Professions Code is amended to read:
107107
108108 ### SEC. 3.
109109
110110 13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:(1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 Engine Oil Performance and Engine Service Classification, a minimum of one active sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Sequences specification, Sequences specification, or a minimum of one active OEM specification.(2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents.(b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade.
111111
112112 13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:(1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 Engine Oil Performance and Engine Service Classification, a minimum of one active sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Sequences specification, Sequences specification, or a minimum of one active OEM specification.(2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents.(b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade.
113113
114114 13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:(1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 Engine Oil Performance and Engine Service Classification, a minimum of one active sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Sequences specification, Sequences specification, or a minimum of one active OEM specification.(2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents.(b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade.
115115
116116
117117
118118 13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met:
119119
120120 (1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 Engine Oil Performance and Engine Service Classification, a minimum of one active sequence of the European Automobile Manufacturers Association (ACEA) European ACEA European Oil Sequences specification, Sequences specification, or a minimum of one active OEM specification.
121121
122122 (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.
123123
124124 (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.
125125
126126 SEC. 4. Section 13700 of the Business and Professions Code is amended to read:13700. For purposes of this chapter, the following terms mean the following: definitions apply:(a) Automotive product means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.(b)Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(c)(b) Brake fluid means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(d)(c) Carton means the package or wrapping in which a number of containers are shipped or stored.(e)(d) Container means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.(f)(e) Diesel exhaust fluid or DEF means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.(f) Duty type classification means the automotive manufacturers latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers Association (ACEA), for a transmission fluid.(g) Engine coolant or antifreeze means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.(h) Label means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.(i) Prediluted engine coolant or prediluted antifreeze means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.(j) Principal display panel means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.(k) Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(l) Type of transmission means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.
127127
128128 SEC. 4. Section 13700 of the Business and Professions Code is amended to read:
129129
130130 ### SEC. 4.
131131
132132 13700. For purposes of this chapter, the following terms mean the following: definitions apply:(a) Automotive product means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.(b)Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(c)(b) Brake fluid means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(d)(c) Carton means the package or wrapping in which a number of containers are shipped or stored.(e)(d) Container means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.(f)(e) Diesel exhaust fluid or DEF means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.(f) Duty type classification means the automotive manufacturers latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers Association (ACEA), for a transmission fluid.(g) Engine coolant or antifreeze means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.(h) Label means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.(i) Prediluted engine coolant or prediluted antifreeze means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.(j) Principal display panel means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.(k) Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(l) Type of transmission means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.
133133
134134 13700. For purposes of this chapter, the following terms mean the following: definitions apply:(a) Automotive product means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.(b)Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(c)(b) Brake fluid means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(d)(c) Carton means the package or wrapping in which a number of containers are shipped or stored.(e)(d) Container means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.(f)(e) Diesel exhaust fluid or DEF means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.(f) Duty type classification means the automotive manufacturers latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers Association (ACEA), for a transmission fluid.(g) Engine coolant or antifreeze means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.(h) Label means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.(i) Prediluted engine coolant or prediluted antifreeze means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.(j) Principal display panel means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.(k) Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(l) Type of transmission means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.
135135
136136 13700. For purposes of this chapter, the following terms mean the following: definitions apply:(a) Automotive product means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.(b)Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(c)(b) Brake fluid means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.(d)(c) Carton means the package or wrapping in which a number of containers are shipped or stored.(e)(d) Container means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.(f)(e) Diesel exhaust fluid or DEF means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.(f) Duty type classification means the automotive manufacturers latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers Association (ACEA), for a transmission fluid.(g) Engine coolant or antifreeze means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.(h) Label means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.(i) Prediluted engine coolant or prediluted antifreeze means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.(j) Principal display panel means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.(k) Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.(l) Type of transmission means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.
137137
138138
139139
140140 13700. For purposes of this chapter, the following terms mean the following: definitions apply:
141141
142142 (a) Automotive product means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.
143143
144144 (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.
145145
146146
147147
148148 (c)
149149
150150
151151
152152 (b) Brake fluid means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.
153153
154154 (d)
155155
156156
157157
158158 (c) Carton means the package or wrapping in which a number of containers are shipped or stored.
159159
160160 (e)
161161
162162
163163
164164 (d) Container means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.
165165
166166 (f)
167167
168168
169169
170170 (e) Diesel exhaust fluid or DEF means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.
171171
172172 (f) Duty type classification means the automotive manufacturers latest recommended requirements, or the latest specifications established by a recognized consensus organization or standards writing organization, including, but not limited to, ASTM International, SAE International, and the European Automobile Manufacturers Association (ACEA), for a transmission fluid.
173173
174174 (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.
175175
176176 (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.
177177
178178 (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.
179179
180180 (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.
181181
182182 (k) Transmission fluid means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.
183183
184184 (l) Type of transmission means the automotive industry general classification of a transmission based on its fundamental design and operation. Transmission types include, but are not limited to, manual, automatic, continuously variable, and dual clutch.
185185
186186 SEC. 5. Section 13710 of the Business and Professions Code is amended to read:13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended matter or sediment.(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.(b) Transmission fluid shall meet the latest automotive manufacturers recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products label.
187187
188188 SEC. 5. Section 13710 of the Business and Professions Code is amended to read:
189189
190190 ### SEC. 5.
191191
192192 13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended matter or sediment.(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.(b) Transmission fluid shall meet the latest automotive manufacturers recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products label.
193193
194194 13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended matter or sediment.(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.(b) Transmission fluid shall meet the latest automotive manufacturers recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products label.
195195
196196 13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended matter or sediment.(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.(b) Transmission fluid shall meet the latest automotive manufacturers recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products label.
197197
198198
199199
200200 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.
201201
202202 (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.
203203
204204 (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.
205205
206206 (b) Transmission fluid shall meet the latest automotive manufacturers recommended requirements for all transmissions each duty type classification disclosed on the label principal display panel of its container. No transmission Transmission fluid shall not be sold without clearly disclosing, on the label of its container, the disclosing the type of transmission for which it is intended. intended and each duty type classification that the fluid is intended to meet.
207207
208208 (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.
209209
210210 (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.
211211
212212 SEC. 6. Section 13711 of the Business and Professions Code is amended to read:13711. (a) An engine coolant or antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a chart on the label showing appropriate amounts of engine coolant or antifreeze and water in terms of liquid measure to be used to provide protection from freezing at temperatures to at least 30 degrees below zero Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point of a 50 percent by volume mixture of engine coolant or antifreeze and water in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a statement on the label showing the protection from freezing in degrees Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The container is one quart or less and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least1/8 inch high. The container is greater than one quart and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least 1/4 inch high.(6) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(c) Transmission fluid is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words Transmission Fluid, and the each duty type classification. classification that the transmission fluid is intended to meet.(2) The container does not bear a label on which is printed an accurate statement of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(4) The container and carton do not bear information that identifies the container lot or batch.(d) Brake fluid is mislabeled if any of the following occurs:(1) The container does not bear a label that conforms to the requirements of the National Highway Traffic Safety Administration, United States Department of Transportation, and upon which is printed the brand name.(2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, except as specifically modified, amended, or rejected by regulation adopted by the secretary.(f) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the sealer may take one or more samples reasonably necessary for enforcement purposes and may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.
213213
214214 SEC. 6. Section 13711 of the Business and Professions Code is amended to read:
215215
216216 ### SEC. 6.
217217
218218 13711. (a) An engine coolant or antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a chart on the label showing appropriate amounts of engine coolant or antifreeze and water in terms of liquid measure to be used to provide protection from freezing at temperatures to at least 30 degrees below zero Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point of a 50 percent by volume mixture of engine coolant or antifreeze and water in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a statement on the label showing the protection from freezing in degrees Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The container is one quart or less and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least1/8 inch high. The container is greater than one quart and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least 1/4 inch high.(6) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(c) Transmission fluid is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words Transmission Fluid, and the each duty type classification. classification that the transmission fluid is intended to meet.(2) The container does not bear a label on which is printed an accurate statement of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(4) The container and carton do not bear information that identifies the container lot or batch.(d) Brake fluid is mislabeled if any of the following occurs:(1) The container does not bear a label that conforms to the requirements of the National Highway Traffic Safety Administration, United States Department of Transportation, and upon which is printed the brand name.(2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, except as specifically modified, amended, or rejected by regulation adopted by the secretary.(f) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the sealer may take one or more samples reasonably necessary for enforcement purposes and may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.
219219
220220 13711. (a) An engine coolant or antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a chart on the label showing appropriate amounts of engine coolant or antifreeze and water in terms of liquid measure to be used to provide protection from freezing at temperatures to at least 30 degrees below zero Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point of a 50 percent by volume mixture of engine coolant or antifreeze and water in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a statement on the label showing the protection from freezing in degrees Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The container is one quart or less and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least1/8 inch high. The container is greater than one quart and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least 1/4 inch high.(6) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(c) Transmission fluid is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words Transmission Fluid, and the each duty type classification. classification that the transmission fluid is intended to meet.(2) The container does not bear a label on which is printed an accurate statement of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(4) The container and carton do not bear information that identifies the container lot or batch.(d) Brake fluid is mislabeled if any of the following occurs:(1) The container does not bear a label that conforms to the requirements of the National Highway Traffic Safety Administration, United States Department of Transportation, and upon which is printed the brand name.(2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, except as specifically modified, amended, or rejected by regulation adopted by the secretary.(f) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the sealer may take one or more samples reasonably necessary for enforcement purposes and may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.
221221
222222 13711. (a) An engine coolant or antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a chart on the label showing appropriate amounts of engine coolant or antifreeze and water in terms of liquid measure to be used to provide protection from freezing at temperatures to at least 30 degrees below zero Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point of a 50 percent by volume mixture of engine coolant or antifreeze and water in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words engine coolant or antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, principal ingredient, intended application of the coolant or antifreeze, name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents in terms of liquid measure.(2) The container does not bear a statement on the label showing the protection from freezing in degrees Fahrenheit.(3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.(4) The container is one quart or less and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/8 inch high on the principal display panel. The container is greater than one quart and does not bear a label on which is printed the words prediluted engine coolant or prediluted antifreeze in letters at least 1/4 inch high on the principal display panel.(5) The container is one quart or less and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least1/8 inch high. The container is greater than one quart and does not bear a label on which is printed the words DO NOT ADD WATER in letters at least 1/4 inch high.(6) The principal ingredient is propylene glycol or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin coolants.(7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.(c) Transmission fluid is mislabeled if any of the following occurs:(1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words Transmission Fluid, and the each duty type classification. classification that the transmission fluid is intended to meet.(2) The container does not bear a label on which is printed an accurate statement of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(4) The container and carton do not bear information that identifies the container lot or batch.(d) Brake fluid is mislabeled if any of the following occurs:(1) The container does not bear a label that conforms to the requirements of the National Highway Traffic Safety Administration, United States Department of Transportation, and upon which is printed the brand name.(2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.(3) The labeling on the container is false or misleading.(e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, except as specifically modified, amended, or rejected by regulation adopted by the secretary.(f) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the sealer may take one or more samples reasonably necessary for enforcement purposes and may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.
223223
224224
225225
226226 13711. (a) An engine coolant or antifreeze is mislabeled if any of the following occurs:
227227
228228 (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.
229229
230230 (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.
231231
232232 (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.
233233
234234 (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.
235235
236236 (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.
237237
238238 (6) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.
239239
240240 (b) A prediluted engine coolant or prediluted antifreeze is mislabeled if any of the following occurs:
241241
242242 (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.
243243
244244 (2) The container does not bear a statement on the label showing the protection from freezing in degrees Fahrenheit.
245245
246246 (3) The container does not bear a statement on the label showing the boiling point in degrees Fahrenheit.
247247
248248 (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.
249249
250250 (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.
251251
252252 (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.
253253
254254 (7) The container and carton do not bear a lot or batch number on the label identifying the container lot and date of packaging.
255255
256256 (c) Transmission fluid is mislabeled if any of the following occurs:
257257
258258 (1) The container does not bear a label on which is printed the brand name, the name and place of business of the manufacturer, packer, seller, or distributor, the type of transmission for which the transmission fluid is intended, the words Transmission Fluid, and the each duty type classification. classification that the transmission fluid is intended to meet.
259259
260260 (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.
261261
262262 (3) The labeling on the container is false or misleading.
263263
264264 (4) The container and carton do not bear information that identifies the container lot or batch.
265265
266266 (d) Brake fluid is mislabeled if any of the following occurs:
267267
268268 (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.
269269
270270 (2) The container does not bear an accurate statement on the label of the quantity of the contents in terms of liquid measure.
271271
272272 (3) The labeling on the container is false or misleading.
273273
274274 (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.
275275
276276 (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.
277277
278278 SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
279279
280280 SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
281281
282282 SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
283283
284284 ### SEC. 7.