It is the duty of the department acting through the Division of Measurement Standards to enforce the provisions of this chapter, and to appoint and employ inspectors as may be necessary.
Fuels and LubricantsEnforcement
Section § 13590
This law mandates that the Division of Measurement Standards is responsible for enforcing the regulations in this chapter. They must hire enough inspectors to effectively carry out this duty.
Division of Measurement Standards enforcement inspectors
Section § 13591
This law gives permission to the department, its inspectors, and sealers to check motor vehicle fuels or lubricants. They can enter any place where these products are stored or sold to make sure the rules are being followed.
(a)CA Business & Professions Code § 13591(a) The department, its inspectors, and each sealer, are hereby authorized and empowered to inspect the motor vehicle fuels or lubricants referred to in this chapter and to enter, for the purpose of the inspection, any place where motor vehicle fuels or lubricants are kept or stored for sale.
(b)CA Business & Professions Code § 13591(b) All those officers shall enforce the provisions of this chapter.
motor vehicle fuels lubricants inspection inspectors
Section § 13592
This law allows certain authorized people, like department officials or inspectors, to take samples of any motor vehicle fuel or lubricant that is being kept for sale. This is to ensure the products meet required standards.
The department, each sealer, and any person now or hereafter authorized or empowered by law to inspect the motor vehicle fuels or lubricants referred to in this chapter, may take such sample or samples as may be necessary of any motor vehicle fuel or lubricant kept or stored for the purpose of sale.
motor vehicle fuel lubricants inspectors
Section § 13593
This law makes it illegal for anyone connected to a business or organization to stop or try to stop an authorized person from taking samples as allowed by the rules in this chapter.
It is unlawful for any person, or any member, officer, agent, or employee of a firm, association, or corporation, to refuse to permit any person authorized by this article to take such sample or samples permitted by this chapter, or to prevent or to attempt to prevent the taking of such sample or samples.
unlawful refusal sample taking authorized person
Section § 13594
If someone takes a sample of a product and the owner or person in charge wants to be paid for it, the person taking the sample has to pay what the product is worth in the market.
If the owner or person in possession of the product of which a sample is taken under this article shall at the time of the taking, demand payment for the commodity taken, then the person taking the sample shall pay therefor the reasonable market price.
sample collection product owner rights payment for samples
Section § 13595
This law makes it illegal to sell or deliver vehicle fuels or lubricants if they don't meet certain standards, or if they're in unlabeled or mislabeled containers. Authorities can seal and close containers or devices that don’t meet these standards, and it’s illegal to tamper with these seals. If fuels or lubricants don't comply with the rules, officials can order them off sale and ensure they’re disposed of properly. Retailers still maintain their warranty rights despite these regulations.
(a)CA Business & Professions Code § 13595(a) It is unlawful for any person to sell or deliver any motor vehicle fuel or lubricant referred to in this chapter that fails to meet the specifications required by this chapter.
(b)CA Business & Professions Code § 13595(b) It is unlawful for any person to sell or deliver any motor vehicle fuel or lubricant referred to in this chapter into, from, or through an unlabeled or mislabeled container or device.
(c)Copy CA Business & Professions Code § 13595(c)
(1)Copy CA Business & Professions Code § 13595(c)(1) The department, each county sealer, deputy county sealer, and inspector may close and seal outlets and inlets of any receptacles, containers, pumps, dispensers, or storage tanks connected to the outlets and inlets, containing
any motor vehicle fuel or lubricant referred to in this chapter that fails to meet the requirements of this chapter.
(2)CA Business & Professions Code § 13595(c)(2) The person so sealing shall post in a conspicuous place on the premises, where a receptacle, container, pump, dispenser, or storage tank connected to the outlets and inlets has been sealed, a notice stating that the action of sealing has been taken in accordance with this chapter, and giving warning that it is unlawful to break, mutilate, or destroy the seal or seals of the outlets and inlets, to move the container, or to remove the contents from the container, under the penalty provided in this division.
(d)CA Business & Professions Code § 13595(d) If a container or lot of containers of any commodity subject to this chapter is found to contain a commodity not in conformity with this chapter, the secretary or sealer representing the secretary may take a sample or samples reasonably necessary for
enforcement purposes and may, in writing, order the containers off sale. Any lot or container ordered off sale pursuant to this section shall be subject to a disposal order by the enforcing officer and shall not be sold, offered for sale, or transported, except in accordance with that disposal order. Any action pursuant to this section shall not affect any rights of a retailer under a warranty of merchantability or warranty of fitness.
motor vehicle fuel lubricants unlawful sale
Section § 13596
If the owner or manager of a sealed container, pump, or tank wants to remove its contents or label it properly, they must give 24 hours' written notice to the relevant department or county officer. This request should specify a time on a non-holiday between 9 a.m. and 4 p.m. At the specified time, an officer will come to break the seal to allow the contents to be removed or the labeling to be done in the officer's presence.
Upon at least 24 hours’ written notice from the owner, manager, or operator of the container, receptacle, pump, or storage tank which has been sealed, to the department or to the sealer of the county in which the premises are situated stating that the contents of such container, receptacle, pump, or storage tank will be removed or that such container, receptacle, pump, or storage tank or inlet end of the fill-pipe thereof will be properly labeled as provided in this chapter, at a specified time, between the hours of 9 a.m. and 4 p.m. of a day specified in the notice, other than a holiday, such officer shall, at the time specified, break the seal or seals for the purpose of permitting the removal by such manager, owner, or operator, of the contents of such container, receptacle, pump, or storage tank connected thereto, or the use thereof after proper labeling.
The removal of contents or proper labeling of the container, receptacle, pump, storage tank, or inlet end of the fill-pipe thereof, as the case may be, shall be made at the time specified and in the presence of the officer removing the seal.
container sealing removal notice proper labeling
Section § 13597
If the items listed aren’t removed or labeled correctly by a specific time given, they’ll be resealed and can’t be used or emptied until a new notice is given and they are labeled properly.
If for any reason at the time specified in the written notice the contents are not removed, or the container, receptacle, pump, storage tank, or inlet end of the fill-pipe thereof is not properly labeled, then the container, receptacle, pump, or storage tank connected thereto and the inlet end of the fill-pipe of such storage tank shall be again sealed as provided in this article and the contents may not thereafter be removed or the container, receptacle, pump, or storage tank connected thereto, or inlet end of the fill-pipe thereof, be again used, except upon the giving of a new notice and proper labeling.
removal of contents proper labeling sealed containers
Section § 13598
This law states that once you either empty the contents or correctly label a container, pump, or storage tank, you can remove any posted notices and start using it legally again.
Upon removal of the contents or proper labeling as provided in this article, the notice previously posted shall be removed and the container, receptacle, pump, or storage tank may be restored to lawful use.
removal of contents proper labeling notice removal
Section § 13599
This law section states that if you want to change the labeling on items like containers, storage tanks, or pumps, you must first remove any colors, brands, trademarks, or trade names that suggest a different product than what is actually inside or being sold. This is to prevent any misleading information about the product you are offering.
No container, receptacle, pump, or storage tank connected thereto, or the inlet end of the fill-pipe of such storage tank, shall, however, be relabeled by the owner, manager, or operator, whether under the provisions of this article or otherwise, without first removing from such container, receptacle, pump, or storage tank connected thereto, or the inlet end of the fill-pipe thereof, all distinctive colors, brands, trademarks, or trade names thereon of any manufacturer, refiner, producer, distributor, or marketer, indicative of any product not actually contained therein and sold therefrom.
container labeling relabeling requirements storage tank
Section § 13600
This law makes it illegal for anyone, except certain authorized government officials, to tamper with, remove, or damage seals placed on gas or oil tanks or related equipment. It is also illegal to hide, change, or take off the notice that these seals provide.
It is unlawful for any person, or any member, officer, agent, or employee of a firm, association, or corporation, other than the department or any of the officers mentioned in this article, to break, mutilate, or destroy any seal or seals placed upon a container, receptacle, pump, or storage tank connected thereto, or any other storage tank containing a motor vehicle fuel or lubricant, when placed thereon as provided by this article, or to move a container so sealed, or remove the contents therefrom, or to cover, deface, or remove the notice of sealing required by this article.
unlawful tampering seals on fuel tanks motor vehicle fuel
