SECTIONS 13400-13405 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 13400-13405

13400. "Advertising medium," as used in this chapter, includes
banner, sign, placard, poster, streamer, and card.

13401. (a) "Sell" or any of its variants means attempt to sell,
offer for sale or assist in the sale of, permit to be sold or offered
for sale or delivery, offer for delivery, trade, barter, or expose
for sale.
(b) "Manufacturer" means manufacturer, refiner, producer, or
importer.
(c) "Petroleum products" means gasoline, diesel fuel, liquefied
petroleum gas only when used as a motor fuel, kerosene, thinner,
solvent, liquefied natural gas, pressure appliance fuel, or white
gasoline, or any motor fuel, or any oil represented as engine
lubricant, engine oil, lubricating or motor oil, or any oil used to
lubricate transmissions, gears, or axles.
(d) "Barrel," when applied to petroleum products, consists of 42
gallons.
(e) "Oil" means motor oil, engine lubricant, engine oil,
lubricating oil, or oils used to lubricate transmissions, gears, or
axles.
(f) "Motor oil" means engine oil, engine lubricant, or lubricating
oil.
(g) "Gasoline" means a volatile mixture of liquid hydrocarbons,
generally containing small amounts of additives, suitable for use as
a fuel in spark-ignition internal combustion engines.
(h) "Engine fuel" means any liquid or gaseous matter used for the
generation of power in an internal combustion engine or fuel cell.
"Motor fuel" means "engine fuel" when that term is used in this
chapter.
(i) "Motor vehicle fuel" means any product intended for
consumption in an internal combustion engine or fuel cell to produce
the power to self-propel a vehicle designed for transporting persons
or property on a public street or highway.
(j) "Diesel fuel" means any petroleum product offered for sale
which meets the standards prescribed for diesel fuel by this chapter.
(k) "Kerosene" means any petroleum product offered for sale which
meets the standards prescribed for kerosene by this chapter.
(l) "Fuel oil" means any petroleum product offered for sale which
meets the standards prescribed for fuel oil by this chapter.
(m) "Automotive spark-ignition engine fuel" means any product used
for the generation of power in a spark-ignition internal combustion
engine.
(n) "Compression-ignition engine fuel" means any product used for
the generation of power in a compression-ignition internal combustion
engine.
(o) "Gasoline-oxygenate blend" means a fuel consisting primarily
of gasoline along with a substantial amount of one or more
oxygenates. For purposes of this section, "substantial amount" means
more than 0.35 mass percent oxygen or, if methanol is the only
oxygenate, more than 0.15 mass percent oxygen.
(p) "Oxygenate" means an oxygen-containing, ashless, organic
compound such as an alcohol or ether, which can be used as a fuel or
fuel supplement.
(q) "Developmental engine fuel" means any experimental automotive
spark-ignition engine fuel or compression-ignition fuel which does
not meet current standards established by this chapter but has
characteristics which may lead to an improved fuel standard or the
development of an alternative fuel standard.
(r) "Hydrogen" means a fuel composed of the chemical hydrogen
intended for consumption in an internal combustion engine or fuel
cell.

13402. "Standard test," as used in this chapter, means test
conducted in accordance with the latest published standard adopted by
the American Society for Testing and Materials.

13403. "Octane number" or "antiknock index number," when used in
this chapter, means that number assigned to a spark ignition engine
fuel which designates the antiknock quality. The "octane number" or
"antiknock index number" shall be determined according to the
American Society for Testing and Materials method or methods
designated in the latest American Society for Testing and Materials
(ASTM) Standard Specification D-4814.

13404. The sale of compressed natural gas by persons who sell
compressed natural gas at retail to the public for use only as a
motor vehicle fuel, and who are exempted from public utility status
by subdivision (f) of Section 216 of the Public Utilities Code, is a
sale of a motor fuel for the purposes of this chapter.

13405. (a) The Department of Food and Agriculture may grant a
variance from the specifications of this chapter for developmental
engine fuels if all of the following conditions apply:
(1) Variances may only be granted to provide for the development
of information under controlled test conditions to assist in the
creation of chemical and performance standards for engine fuels.
(2) Developmental engine fuel shall only be distributed or sold to
fleet-type centrally fueled vehicle and equipment users.
(3) The applicant shall warn all parties in writing of any
potential risk associated with the use of the developmental engine
fuel.
(4) The applicant shall report information when and as the
department may prescribe in order for the department to monitor the
progress of the developmental engine fuel technology evaluation.
(b) The applicant for a variance shall comply with all other
requirements, terms, and conditions that are contained in regulations
adopted by the department to further the purposes and administration
of this section.
(c) (1) In granting a variance, the department expresses no
opinion as to whether an applicant's developmental engine fuel will
perform as represented by the applicant nor any opinion to the
extent, if at all, that the developmental engine fuel may be safely
and effectively used as a substitute for other spark-ignition or
compression-ignition engine fuels without incident.
(2) Damages caused by the sale, delivery, storage, handling, and
usage of the developmental engine fuel shall be addressed in
accordance with contractual provisions negotiated and agreed upon by
the applicant and the user.
(d) The department may withdraw a variance if the applicant does
not adhere to the conditions required to obtain the variance or if
the department recognizes a high probability of equipment harm with
the continued use of the developmental engine fuel or to protect
public safety.