SECTIONS 13710-13713 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 13710-13713

13710. (a) (1) The department shall establish specifications for
engine coolants and antifreeze, and prediluted engine coolants and
prediluted antifreeze that promote the public safety in the operation
of motor vehicles.
(2) In addition to paragraph (1), if the American Society for
Testing and Materials adopts standards for recycled engine coolants
and antifreeze, the department, on or before January 1, 2002, shall
establish specifications for recycled engine coolants and antifreeze,
and recycled prediluted engine coolants and antifreeze that promote
the public safety in the operation of motor vehicles.
(3) The chemical, physical, and performance specifications for
engine coolants and antifreeze and prediluted engine coolants and
prediluted antifreeze under paragraphs (1) and (2) shall not fall
below the minimum specifications, if any, established by the American
Society for Testing and Materials. Engine coolant and antifreeze
shall not contain, after dilution with 30 percent water and
subsequent mixing, visually identifiable suspended matter or
sediment. Prediluted engine coolant and prediluted antifreeze shall
not contain, after mixing, visually identifiable suspended matter or
sediment.
(4) For purposes of this subdivision, the department shall adopt
testing procedures and shall specify a virgin reference coolant that
it finds is recognized as standard in the industry. Alcohol-based
coolants and antifreeze, excluding glycols, are not suitable for use
in automotive engines and shall not be sold or distributed for
automotive use.
(b) Any automatic transmission fluid sold without limitation as to
type of transmission for which it is intended, shall meet all
automotive manufacturers' recommended requirements for transmissions
in general use in the state. Automatic transmission fluids that are
intended for use only in certain transmissions, as disclosed on the
label of its container, shall meet the latest automotive
manufacturers' recommended requirements for those transmissions.
(c) The department shall establish specifications for brake fluid
that promote the public safety in the operation of automotive
vehicles. The specifications for brake fluid shall not fall below the
minimum specifications established by the National Highway Traffic
Safety Administration of the United States Department of
Transportation.
(d) Any manufacturer or packager of any product regulated by this
chapter and sold in the state shall provide, upon request to duly
authorized representatives of the department, documentation of any
claim made upon their products' label.

13711. (a) An engine coolant or antifreeze is mislabeled if any of
the following occurs:
(1) The container does not bear a label on which is printed the
brand name, principal ingredient, intended application of the coolant
or antifreeze, name and place of business of the manufacturer,
packer, seller, or distributor, and an accurate statement of the
quantity of the contents in terms of liquid measure.
(2) The container does not bear a chart on the label showing
appropriate amounts of engine coolant or antifreeze and water in
terms of liquid measure to be used to provide protection from
freezing at temperatures to at least 30 degrees below zero
Fahrenheit.
(3) The container does not bear a statement on the label showing
the boiling point of a 50 percent by volume mixture of engine coolant
or antifreeze and water in degrees Fahrenheit.
(4) The container is one quart or less and does not bear a label
on which is printed the words "engine coolant" or "antifreeze" in
letters at least 1/8 inch high on the principal display panel. The
container is greater than one quart and does not bear a label on
which is printed the words "engine coolant" or "antifreeze" in
letters at least 1/4 inch high on the principal display panel.
(5) The principal ingredient is propylene glycol and the container
does not bear a statement on the label not to use an ethylene glycol
hydrometer concentration tester for propylene glycol coolants.
(6) The container and carton do not bear a lot or batch number on
the label identifying the container lot and date of packaging.
(b) A prediluted engine coolant or prediluted antifreeze is
mislabeled if any of the following occurs:
(1) The container does not bear a label on which is printed the
brand name, principal ingredient, intended application of the coolant
or antifreeze, name and place of business of the manufacturer,
packer, seller, or distributor, and an accurate statement of the
quantity of the contents in terms of liquid measure.
(2) The container does not bear a statement on the label showing
the protection from freezing in degrees Fahrenheit.
(3) The container does not bear a statement on the label showing
the boiling point in degrees Fahrenheit.
(4) The container is one quart or less and does not bear a label
on which is printed the words "prediluted engine coolant" or
"prediluted antifreeze" in letters at least 1/8 inch high on the
principal display panel. The container is greater than one quart and
does not bear a label on which is printed the words "prediluted
engine coolant" or "prediluted antifreeze" in letters at least 1/4
inch high on the principal display panel.
(5) The container is one quart or less and does not bear a label
on which is printed the words "DO NOT ADD WATER" in letters at least
1/8 inch high. The container is greater than one quart and does not
bear a label on which is printed the words "DO NOT ADD WATER" in
letters at least 1/4 inch high.
(6) The principal ingredient is propylene glycol and the container
does not bear a statement on the label not to use an ethylene glycol
hydrometer concentration tester for propylene glycol coolants.
(7) The container and carton do not bear a lot or batch number on
the label identifying the container lot and date of packaging.
(c) Automatic transmission fluid shall be deemed to be mislabeled
if any of the following occurs:
(1) The container does not bear a label on which is printed the
brand name, the name and place of business of the manufacturer,
packer, seller, or distributor, the words "Automatic Transmission
Fluid," and the duty type classification.
(2) The container does not bear a label on which is printed an
accurate statement of the quantity of the contents in terms of liquid
measure.
(3) The labeling on the container is false or misleading.
(d) Brake fluid is mislabeled if any of the following occurs:
(1) The container does not bear a label which conforms to the
requirements of the National Highway Traffic Safety Administration,
United States Department of Transportation, and upon which is printed
the brand name.
(2) The container does not bear an accurate statement on the label
of the quantity of the contents in terms of liquid measure.
(3) The labeling on the container is false or misleading.

13712. A brake fluid receptacle or dispensing device, including
"bleeders," pressurized containers, or any container used to fill a
brake system or to expel air from the system after servicing, are
exempt from the container labeling requirements in this chapter
except for designation of the contents as "DOT____Motor Vehicle Brake
Fluid" with the appropriate identification number filled in. The
smallest letter and numeral shall not be less than one-eighth inch in
height.

13713. Any product referred to in this chapter is adulterated if
its characteristics fall below the specifications for that product
established by the department as minimum standards.