Section § 13430

Explanation

This section defines what a 'motor oil dealer' is and clarifies the meaning of 'motor oil' for the purposes of this law. A motor oil dealer is anyone involved in making, packaging, selling, or distributing motor oil. The term 'motor oil' refers to any product used to lubricate the parts inside an engine.

As used in this article, “motor oil dealer” means any person, firm, or corporation engaged in the business of producing, packaging, or otherwise preparing motor oil for market, or selling or distributing motor oil.
Notwithstanding any other provision of this division, and for the purpose of this article, “motor oil” means any product used to lubricate the moving parts of an internal combustion engine.

Section § 13431

Explanation

This law requires certain people involved in the business of motor oil to pay a fee of up to five cents per gallon. First, the producer pays when selling to retailers or dealers, even if selling to the government. Retailers importing motor oil into California must also pay the fee. Dealers pay the fee on other sales unless they sell directly to consumers. The fee is only paid once per gallon of oil, and a lower fee of three cents may apply before regulations are set. Sales of motor oil exported out of state aren't subject to this fee.

The following persons shall pay to the secretary a maximum fee of five cents ($0.05) for each gallon of motor oil sold or purchased on or after January 1, 2010, as hereinafter provided:
(a)CA Business & Professions Code § 13431(a) The first person who produced the motor oil shall pay the fee when the motor oil is sold to any retail establishment or motor oil dealer including any sold to the federal government, or its agencies.
(b)CA Business & Professions Code § 13431(b) A retailer shall pay the fee for motor oil received when he or she transports or causes to be transported motor oil into this state from out of state.
(c)CA Business & Professions Code § 13431(c) On any other sale of motor oil the dealer shall pay the fee except that this subdivision shall not apply to any person selling motor oil at retail.
(d)CA Business & Professions Code § 13431(d) The assessment provided for in this section shall only be paid once on any particular motor oil.
The secretary may apply a fee of three cents ($0.03) for each gallon of motor oil sold or purchased, as provided in subdivisions (a) to (d), inclusive, prior to the adoption of regulations.
The provisions of this section shall not apply to motor oil exported for sale outside this state.

Section § 13432

Explanation

The fees mentioned in the earlier section are the highest possible fees, but the secretary can lower them if there’s more money than needed to manage and enforce the rules, and to keep a small reserve fund for these activities.

The fees provided in Section 13431 are maximum fees and may be established at a lower rate by the secretary at any time the funds derived from such assessment are more than reasonably necessary to cover the cost of administration and enforcement of this chapter, including the maintenance of a reasonable reserve fund for such purposes.

Section § 13433

Explanation

This section allows the secretary to establish rules about how often certain fees need to be paid, how these payments should be processed, how refunds are handled, and what penalties apply if the payments are late.

The secretary may, by regulation, prescribe the frequency of payments of such assessments, the procedures for such payment, the procedures for refunds of payment, and penalties for late payment.

Section § 13434

Explanation

This law states that any money the secretary receives under this chapter must be put into the Department of Food and Agriculture Fund. The money can only be used for managing and enforcing the rules in this chapter and another set of rules starting at Section 13700.

The moneys which are received by the secretary pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be used only for the administration and enforcement of this chapter and Chapter 15 (commencing with Section 13700).