SECTIONS 13590-13600 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 13590-13600

13590. 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 such inspectors as may be necessary
therefor.

13591. The department, its inspectors, and each sealer, are hereby
authorized and empowered to inspect the petroleum products referred
to in this chapter and to enter, for the purpose of such inspection,
any place where petroleum products are kept or stored for sale.
All such officers shall enforce the provisions of this chapter.

13592. The department, each sealer, and any person now or hereafter
authorized or empowered by law to inspect the petroleum products
referred to in this chapter, may take such sample or samples as may
be necessary of any petroleum or petroleum product kept or stored for
the purpose of sale.

13593. 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.

13594. 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.

13595. (a) It is unlawful for any person to sell or deliver any
petroleum product referred to in this chapter which fails to meet the
specifications required by this chapter.
(b) It is unlawful for any person to sell or deliver any petroleum
product referred to in this chapter into, from, or through an
unlabeled or mislabeled container or device.
(c) 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 petroleum product referred to in
this chapter which fails to meet the requirements of this chapter.
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) 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 director or sealer representing the director
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.

13596. 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.

13597. 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.

13598. 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.

13599. 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.

13600. 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 petroleum product, 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.