SECTIONS 13480-13490 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 13480-13490

13480. (a) It is unlawful for any person to sell any petroleum
product referred to in this chapter at any place where petroleum
products are kept or stored for sale, unless there is affixed to each
container, receptacle, pump, dispenser, and inlet end of the fill
pipe of each underground storage tank, from which or into which that
product is drawn or poured out for sale or delivery, a sign or label
plainly visible consisting of the name of the product, the brand,
trademark, or trade name of the product, and, in the case of engine
fuel and kerosene, the grade or brand name designation.
(b) When the product is oil, as defined by Section 13401, each
sign or label shall also have in letters or numerals, plainly
visible, the viscosity grade classification as determined in
accordance with the Society of Automotive Engineers (SAE) latest
standard for engine oil viscosity classification SAE J300 or manual
transmission and axle lubricants viscosity classification SAE J306,
as applicable, and shall be preceded by the letters "SAE."
(c) When the product is automotive spark-ignition engine fuel,
except M-85 and M-100 methanol fuel, there shall be conspicuously
displayed on the dispensing device at least one sign or label showing
the minimum octane number or antiknock index, as defined in Section
13403, of the product sold therefrom.
(d) When the product is a motor fuel consisting of a mixture or
premixture of gasoline and oil or gasoline-oxygenate blend and motor
oil, there shall be conspicuously displayed on the dispensing device
at least one sign or label stating the ratio of gasoline to motor oil
or gasoline-oxygenate blend to motor oil.
(e) All signs or labels required by this section for retail motor
fuel dispensers and containers of more than one gallon capacity shall
be in letters and numerals not less than one-half inch (12.70 mm) in
height. On containers of one gallon or less, the signs or labels
shall be in letters and numerals not less than one-fourth inch (6.35
mm) in height and one-sixteenth inch (1.59 mm) in width.
(f) The provisions of this section pertaining to octane numbers or
antiknock index and motor oil SAE viscosity number grade shall not
apply to products sold for aviation purposes.
(g) This section shall apply, with respect to thinners or
solvents, only to the sale, delivery, or offer for sale of the
products through service stations, garages, and other retail outlets.

13481. If any petroleum product is offered for sale, but not under
any brand, trademark, or tradename, the words "no brand" shall be
used as the brand, trademark, or tradename designation. The words "No
Brand" shall be in letters of gothic type with a stroke of not less
than one-half inch in width, not less than three inches in height,
and shall consist of red letters on a white background.

13482. It is unlawful for any person to sell or distribute engine
oil or axle and manual transmission lubricant unless the SAE/API
service classification is conspicuously marked on each container.
Each container of engine oil with a volume of one gallon or less
shall bear a plainly visible statement indicating generally the
automobile model years or condition of service for which the engine
oil is suitable for gasoline engines as described in SAE J183.

13483. The provisions of this article as to size of letters shall
not apply to signs or labels at the inlet end of any underground
storage tank, which letters may be of any convenient size but such
letters shall be plainly visible while such underground storage tank
is being filled.

13484. Whenever any pump, receptacle, or other container is
maintained or used to serve more than one driveway, the signs or
labels required by this chapter shall be placed upon both sides of
such pump, receptacle, or other container so that one set of signs or
labels shall be clearly visible from each such driveway.
Wherever any pump, receptacle, or other container is maintained or
used to serve only one driveway, the signs or labels required by
this chapter shall be upon the side of such pump, receptacle, or
other container adjacent to such driveway.

13485. Small hand measures used for delivery of petroleum products,
and filled in the presence of the customer, need not be labeled in
accordance with this chapter if the receptacle, container, or pump
from which petroleum products are drawn or poured into such hand
measures is properly labeled as required by this chapter.

13486. (a) It is unlawful, at any place of business where petroleum
products are sold, for any person to do either of the following:
(1) Deliver into a storage tank or container any petroleum product
other than the product identified on the label attached to the
storage tank or container.
(2) Sell by means of, or through, a pump or other device, any
petroleum product other than the product identified on the required
label, tag, or sign attached to the pump or other device.
(b) This section does not prohibit the delivery of motor fuel into
a storage tank labeled with the authorized rebrand as provided in
Article 14 (commencing with Section 13560).

13489. The use of pumps or other devices which are capable of
withdrawing gasoline from each of two tanks containing different
qualities of the same petroleum product and dispensing them as a
single combined product shall be authorized when the department
determines that all of the following conditions exist:
(a) The device mechanism accurately measures the quantities of the
gasoline being simultaneously withdrawn from each of the two tanks
and the quantity dispensed.
(b) The device mechanism accurately and visibly records and
displays the resulting combined quality, the total quantity, the
price per gallon or liter for the particular quality combination
being dispensed, and the total price of the quantity of gasoline
dispensed at the particular sale.
(c) The device has a locking selector mechanism which prevents the
changing of the proportion of the two qualities being combined
during the dispensing of the desired quantity.
The provisions of this section shall not supersede any other
provisions in this chapter, except that they shall supersede the
provisions of Sections 13442, 13443, 13480, 13483, 13486, 13487, and
13488 to the extent necessary to authorize the operation of a
blending type of pump connected to two tanks containing two different
products, or two different grades of the same product, which, when
blended together in different proportions, will produce gasolines of
different octane rating, each blend of which shall meet the
specifications for gasoline as required by this chapter.

13490. The use of pumps or other devices which are capable of
withdrawing gasoline from one tank and motor oil, or a premixture of
gasoline and motor oil in a known ratio, from another tank, and
dispensing them as a single combined product, or of withdrawing
gasoline alone from the tank containing gasoline and of withdrawing a
premixture of gasoline and motor oil alone from the tank containing
a premixture of gasoline and motor oil shall be authorized when the
department determines that all the following conditions exist:
(a) The device mechanism accurately measures the quantities being
simultaneously withdrawn for dispensing as a combined product from
each of the two tanks when the combined product is dispensed, the
quantity being dispensed from the gasoline tank when gasoline alone
is dispensed, or the quantity being dispensed from the tank
containing a premixture of gasoline and motor oil when the premixture
alone is dispensed.
(b) The device mechanism accurately and visibly records and
displays: (1) the ratio of gasoline to motor oil or premixture, the
quantity of each ingredient being dispensed, the price per gallon or
liter for the gasoline being dispensed, and the price per quart or
liter for any motor oil or premixture being dispensed or (2) the
ratio of gasoline to motor oil or premixture and the price per gallon
or liter for the product being dispensed.
(c) The device mechanism prevents the changing of the ratio of
gasoline to motor oil or premixture during dispensing.
The provisions of this section shall supersede Sections 13442,
13443, 13480, 13483, 13486, 13487, and 13488 to the extent necessary
to authorize the operation of the above-described blending type of
pump connected to two tanks, one containing motor oil, or a
premixture of motor oil and gasoline in a known ratio, and the other
gasoline, provided that the motor oil shall in its separate state
meet the specifications for motor oil as required by Section 13460
and that the gasoline shall in its separate state meet the
specifications for gasoline as required by Section 13440.