Business and Professions Code — Part 6 | BPC — United States — California law | Esheria

Business and Professions Code

Part 6 of 52 · provisions 1,001–1,200

This section says the act is called the Business and Professions Code.

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 13351.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. )

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    For this chapter, a “random sample” must be selected using a process modeled after NIST Handbook 130’s price-verification sampling methods.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. ) ## 13351. For purposes of this chapter, “random sample” of items means that the selection process shall be modeled after the National Institute of Standards and Technology Handbook 130, 2005 Edition (HB 130) – Examination Procedures for Price Verification, randomized sample collection; stratified sample collection. (Added by Stats. 2005, Ch. 529, Sec. 6. Effective January 1, 2006.)
  2. 13352.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. )

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    This section defines “point-of-sale” system for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. ) ## 13352. For purposes of this chapter, “point-of-sale” system means any computer or electronic system used by a retail establishment such as, but not limited to, Universal Product Code scanners, price lookup codes, or an electronic price lookup system as a means for determining the price of the item being purchased by a consumer. (Amended by Stats. 2006, Ch. 566, Sec. 5. Effective January 1, 2007.)
  3. 13353.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. )

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    This section defines “sale items” as items advertised or represented as lower-priced than normal.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. ) ## 13353. For the purposes of this chapter, “sale items” include any item that is represented or advertised to be lower in price from that which the item is normally offered for sale. A “sale item” includes but is not limited to, an item that is represented as “promotional,” “limited time offer,” a “manager special,” “discount taken at register,” or displayed with any other advertisements that offers or suggests a reduced price. (Added by Stats. 2005, Ch. 529, Sec. 6. Effective January 1, 2006.)
  4. 13354.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. )

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    This section defines what counts as an “area” for this chapter and excludes nonpublic store areas.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. ) ## 13354. For purposes of this chapter, “area” means an “entire store,” a “department,” “grouping of shelves or displays,” or other “section” of a store as defined by the sealer from which samples are selected for verification. “Nonpublic” areas of a store, such as the area in a pharmacy in which controlled drugs are kept or product storage rooms, shall not be included. (Added by Stats. 2005, Ch. 529, Sec. 6. Effective January 1, 2006.)
  5. 13355.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. )

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    This section defines “initial standard inspection” as an inspection made at the customary time interval used by an enforcement agency.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. ) ## 13355. For the purposes of this chapter, “initial standard inspection” means an inspection made at the customary time interval used by an enforcement agency. (Added by Stats. 2005, Ch. 529, Sec. 6. Effective January 1, 2006.)
  6. 13356.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. )

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    This section says that all other point-of-sale system inspections are treated as special inspections.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. ) ## 13356. All other inspections of the point-of-sale system are considered “special inspections,” including, but not limited to, inspections pertaining to investigations, consumer complaints, complaints from competing businesses or a reinspection of a retail establishment at which one or more price accuracy violations have occurred within the previous six months. (Amended by Stats. 2008, Ch. 434, Sec. 2. Effective January 1, 2009.)
  7. 134.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    If a license issued by an agency in the department has a term longer than one year, the initial license fee for a license issued during that term must be prorated annually.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 134. When the term of any license issued by any agency in the department exceeds one year, initial license fees for licenses which are issued during a current license term shall be prorated on a yearly basis. (Amended by Stats. 1978, Ch. 1161.)
  8. 13400.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. )

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    This section defines key terms used in this chapter about fuels and lubricants.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13400. For purposes of this chapter, the following terms mean the following: (a) “Advertising medium” includes banner, sign, placard, poster, streamer, and card. (b) “Alternative fuels” means: (1) “Biodiesel,” a fuel comprised of mono-alkyl esters of long chain fatty acids derived from plant or animal matter that meets the requirements of the ASTM International Standard Specification D6751 “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.” (2) “Biodiesel blend,” a fuel comprised of biodiesel mixed with diesel fuel that meets the requirements of ASTM International Standard Specification D7467. (3) “Dimethyl ether,” an organic compound meant for combustion in compression-ignition engines that meets the requirements of dimethyl ether prescribed in this chapter. (4) “Dimethyl ether-propane fuel blend,” a motor vehicle fuel consisting primarily of liquefied petroleum gas meeting the requirements of ASTM International Standard Specification D1835 mixed with dimethyl ether meeting the requirements of ASTM International Standard Specification D7901. (5) “Electricity,” electrical energy transferred to or stored onboard an electric vehicle primarily for the purpose of propulsion. (6) “Ethanol,” denatured motor fuel ethanol meeting the requirements of ASTM International Standard Specification D4806. (7) “Ethanol fuel blend,” a motor vehicle fuel consisting primarily of ethanol mixed with gasoline meeting the standards prescribed for ethanol fuel blends by this chapter. (8) “Hydrogen,” a fuel consisting of high purity hydrogen intended for consumption in a motor vehicle with an internal combustion engine or fuel cell that meets the standards for hydrogen prescribed by this chapter. (9) “Methanol fuel blend,” a motor vehicle fuel consisting primarily of methanol mixed with gasoline meeting the standards prescribed by this chapter. (10) “Natural gas,” a gaseous mixture of hydrocarbon compounds consisting of primarily methane in the form of a compressed gas or a cryogenic liquid intended for use as a motor vehicle fuel. (11) “Propane,” a liquefied petroleum gas intended for use as a motor vehicle fuel and meeting the standards prescribed by this chapter. (12) Any other fuel intended for use as a motor vehicle fuel that the secretary determines is an alternative fuel that has a standard specification from a standards development organization accredited by the American National Standards Institute (ANSI), or an interim standard specification pursuant to Section 13446. (c) “Automotive spark-ignition engine fuel” means a product used for the generation of power in a spark-ignition internal combustion engine. (d) “Compression-ignition engine fuel” means a product used for the generation of power in a compression-ignition internal combustion engine. (e) “Developmental engine fuel” means an engine fuel that does not meet standards established by this chapter but has characteristics that may lead to an improved fuel standard or the development of an alternative fuel standard. (f) “Diesel fuel” means any hydrocarbon oil meant for combustion in compression-ignition engines offered for sale that meets the standards for diesel fuel prescribed by this chapter. (g) “Engine fuel” means any gasoline, diesel, or alternative fuel used for the generation of power in an internal combustion engine or fuel cell in a motor vehicle, or electrical power delivered conductively or inductively to an electric motor in electric or plug-in hybrid vehicles. “Motor vehicle fuel” means “engine fuel” when that term is used in this chapter. (h) “Fuel oil” means any product offered for sale that is burned in a furnace or boiler for the generation of heat and meets the standards prescribed for fuel oil by this chapter. (i) “Gasoline” means a volatile mixture of liquid hydrocarbons, generally containing small amounts of additives, suitable for use as a fuel in a spark-ignition internal combustion engine. (j) “Gasoline-oxygenate blend” means a fuel consisting primarily of gasoline along with a substantial amount of one or more oxygenates that meets ASTM International Standard D4814. (k) “Kerosene” means a fuel offered for sale that meets the standards for kerosene prescribed in this chapter. (l) “Lubricant” means a lubricating oil or other substance that reduces friction and wear between moving parts within an engine and other motor vehicle components. (m) “Lubricating oil” means motor oil, engine lubricant, engine oil, lubricating axle oil, gear oil, or manual transmission fluid. (n) “Manufacturer” means manufacturer, refiner, producer, or importer. (o) “Motor oil” means an oil that reduces friction and wear between the moving parts within an internal combustion engine and also serves as a coolant. For purposes of this chapter, motor oil also means engine oil. (p) “Motor vehicle fuel” means an engine fuel intended for consumption in, including, but not limited to, an internal combustion engine, fuel cell, or electric motor to produce power to self-propel a vehicle designed for transporting persons or property on a public street or highway. (q) “Octane number” or “antiknock index number,” when used in this chapter, means that number assigned to a spark-ignition engine fuel that designates the antiknock quality. The “octane number” or “antiknock index number” shall be determined according to the ASTM International method or methods designated in the latest ASTM International Standard Specification D4814. (r) “Oxygenate” means an oxygen-containing ashless organic compound, such as an alcohol or ether, that can be used as a fuel or fuel supplement. (s) “Renewable diesel fuel” means a diesel fuel derived from nonpetroleum renewable resources. Renewable diesel fuel does not include biodiesel, as defined in paragraph (1) of subdivision (b). (t) “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. (u) “Standard test” means a test conducted in accordance with the latest published standard adopted by ASTM International. (Amended by Stats. 2020, Ch. 117, Sec. 1. (AB 2663) Effective January 1, 2021.)
  9. 13404.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. )

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    Retail compressed natural gas and liquefied natural gas sold for motor vehicle fuel must be measured in specified gallon-equivalent amounts.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13404. (a) 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. (b) Compressed natural gas sold at retail to the public for use as a motor vehicle fuel shall be sold in a gasoline gallon equivalent that shall be equal to 126.67 cubic feet, or 5.66 pounds, of compressed natural gas, measured at the standard pressure and temperature, described in Section 8615 of the Revenue and Taxation Code. (c) Liquefied natural gas sold at retail to the public for use as a motor vehicle fuel shall be sold in a diesel gallon equivalent that shall be equal to 6.06 pounds of liquefied natural gas. (Amended by Stats. 2014, Ch. 805, Sec. 1. (AB 1907) Effective January 1, 2015.)
  10. 13404.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. )

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    The secretary must establish the method of sale for retail motor vehicle fuels and lubricants, and generally adopt the latest national method of sale by reference.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13404.5. The secretary shall establish the method of sale of motor vehicle fuels and lubricants sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for motor vehicle fuels and lubricants adopted by the National Council on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 “Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality,” except as specifically provided by the Legislature or modified, amended, or rejected by regulations adopted by the secretary. In the absence of national standards, the secretary may adopt interim standards of method of sale until the time when the standards are adopted by the National Council on Weights and Measures and published by the National Institute of Standards and Technology. (Amended by Stats. 2025, Ch. 592, Sec. 31. (SB 861) Effective January 1, 2026.)
  11. 13405.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. )

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    The department may grant a variance for developmental engine fuels, and the applicant must warn parties, report information as prescribed, and comply with other applicable requirements.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 1. General Provisions [13400 - 13405] ( Article 1 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13405. (a) The department 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 contained in this division and 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. (Amended by Stats. 2015, Ch. 591, Sec. 8. (AB 808) Effective January 1, 2016.)
  12. 13410.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 2. Sale of Motor Vehicle Fuels and Lubricants [13410 - 13413] ( Heading of Article 2 amended by Stats. 2015, Ch. 591, Sec. 9. )

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    A fuel or lubricant producer listed here may not refuse to sell enough product to a city or county for essential public services. County supervisors or their designated agency may arrange the purchase and must apportion it among eligible sellers, using recent county sales if possible.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 2. Sale of Motor Vehicle Fuels and Lubricants [13410 - 13413] ( Heading of Article 2 amended by Stats. 2015, Ch. 591, Sec. 9. ) ## 13410. (a) No person engaged in the business of extracting oil or gas from lands within the state, or of producing motor vehicle fuels for sale within the state, may refuse to sell to any city or county sufficient quantities of his or her motor vehicle fuels or lubricants, or both, sold during the normal course of business for the essential services provided by the city or county. (b) The board of supervisors of a county or its designated county agency, upon application for the purchase of motor vehicle fuels or lubricants, or both, to perform essential services by a city within that county, by any agency of such city or county that performs an essential service, or by any transit district created pursuant to law, may arrange for the purchase and shall apportion the purchase among all persons specified in subdivision (a) who engage in the sale of motor vehicle fuels or lubricants, or both, within that county. The board of supervisors or its designated county agency shall, to the extent possible, apportion the total purchase of the motor vehicle fuels or lubricants, or both, on the basis of the persons’ sales of that motor vehicle fuel or lubricant, or both, in the county during the most recent 90-day period for which information is available. (c) For purposes of this section, “essential services” means police, fire, health, and transportation services provided by public agencies. (Amended by Stats. 2015, Ch. 591, Sec. 10. (AB 808) Effective January 1, 2016.)
  13. 13411.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 2. Sale of Motor Vehicle Fuels and Lubricants [13410 - 13413] ( Heading of Article 2 amended by Stats. 2015, Ch. 591, Sec. 9. )

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    A person may not sell or offer to sell motor vehicle fuel on the condition that the buyer also purchase or pay for other products, merchandise, or services.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 2. Sale of Motor Vehicle Fuels and Lubricants [13410 - 13413] ( Heading of Article 2 amended by Stats. 2015, Ch. 591, Sec. 9. ) ## 13411. It is unlawful for any person to sell or offer to sell motor vehicle fuel for use in any vehicle, as the term vehicle is defined by the Vehicle Code, on the condition that the purchaser also must purchase or pay for any other products, merchandise, or services. This section does not apply to parking time charges at locations also selling electricity as a motor vehicle fuel. (Amended by Stats. 2015, Ch. 591, Sec. 11. (AB 808) Effective January 1, 2016.)
  14. 13413.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 2. Sale of Motor Vehicle Fuels and Lubricants [13410 - 13413] ( Heading of Article 2 amended by Stats. 2015, Ch. 591, Sec. 9. )

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    This section forbids deceptive, false, or misleading statements and deceptive sales or advertising practices for regulated motor vehicle fuels and lubricants.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 2. Sale of Motor Vehicle Fuels and Lubricants [13410 - 13413] ( Heading of Article 2 amended by Stats. 2015, Ch. 591, Sec. 9. ) ## 13413. (a) It is unlawful for any person or other legal entity to make any deceptive, false, or misleading statement by any means whatever regarding quality, quantity, performance, price, discount, or saving used in the sale or selling of any commodity regulated pursuant to this chapter. (b) The following misleading, unfair, or deceptive acts or practices committed or permitted by any person offering for sale any product that is regulated by this chapter are also a violation of this section: (1) Misrepresenting the brand, grade, quality, or price of a motor vehicle fuel or lubricant. (2) Using false or deceptive representations or designations in connection with the sale of motor vehicle fuels or lubricants. (3) Advertising motor vehicle fuels or lubricants or services and not selling them as advertised. (4) Advertising motor vehicle fuels or lubricants of a designated brand, grade, trademark, or trade name not actually sold or available for sale. (5) Making false, deceptive, or misleading statements concerning conditions of sale or price reductions. (6) Representing that the consumer will receive a rebate, discount, or other economic benefit and then failing to give that rebate, discount, or other economic benefit. (7) Except as otherwise permitted, selling a grade of motor vehicle fuel at more than one price and advertising only the lower price without advertising each of the higher prices in equal size numerals on the same advertising medium. (8) Placing letters, words, figures, or numerals on any advertising medium offering for sale any goods or merchandise, other than motor vehicle fuel, if the advertising medium may be construed by any reasonable person as advertising a price of motor vehicle fuel. (9) Forging or falsifying any records or documents required by this chapter or knowingly keeping, using, or displaying the false or forged records or documents. (Amended by Stats. 2015, Ch. 591, Sec. 12. (AB 808) Effective January 1, 2016.)
  15. 13420.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 3. Hours of Business [13420 - 13422] ( Article 3 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Fuel retailers at qualifying roadside or highway-adjacent facilities must keep signs, banners, and other advertising that show sale hours accurate and updated monthly.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 3. Hours of Business [13420 - 13422] ( Article 3 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13420. Every person, firm, partnership, association, trustee, or corporation that owns, leases, or rents and operates a facility that offers any motor vehicle fuel for sale to the public from a fueling facility abutting or adjacent to a street or highway shall accurately update all signs, banners, or other advertising media that indicate hours of the sale. Advertising media indicating hours of sale shall be updated on a monthly basis. (Amended by Stats. 2015, Ch. 591, Sec. 13. (AB 808) Effective January 1, 2016.)
  16. 13421.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 3. Hours of Business [13420 - 13422] ( Article 3 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Certain fuel-station operators must turn off all outdoor lighted advertising media when the business is closed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 3. Hours of Business [13420 - 13422] ( Article 3 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13421. Every person, firm, partnership, association, trustee, or corporation that owns, leases, or rents and operates a facility that offers any motor vehicle fuel for sale to the public from the facility abutting or adjacent to a street or highway shall turn off all outdoor lighted advertising media at their place of business when they are not open for business. This section shall only apply to the fueling facility and not the retail business in a situation where the fueling facility is a part of and adjacent to a retail business provided the retail sale of gasoline or other motor vehicle fuel is not the primary purpose of that business. (Amended by Stats. 2015, Ch. 591, Sec. 14. (AB 808) Effective January 1, 2016.)
  17. 13422.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 3. Hours of Business [13420 - 13422] ( Article 3 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Violating this article is an infraction punishable by a fine of up to $100.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 3. Hours of Business [13420 - 13422] ( Article 3 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13422. A violation of this article is an infraction punishable by a fine not to exceed one hundred dollars ($100). (Amended by Stats. 1983, Ch. 1092, Sec. 46. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  18. 13430.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    This section defines “motor oil dealer” and “motor oil” for this article.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13430. 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  19. 13431.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Some persons involved in motor oil sales must pay a fee to the secretary, and the secretary may temporarily apply a lower fee before regulations are adopted.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13431. 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) 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) 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) 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) 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. (Amended by Stats. 2009, Ch. 573, Sec. 1. (SB 260) Effective January 1, 2010.)
  20. 13432.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Section 13432 says the Section 13431 fees are maximum fees, but the secretary may set a lower rate when the assessment funds are more than reasonably needed for administration, enforcement, and a reasonable reserve fund.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13432. 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. (Amended by Stats. 2017, Ch. 573, Sec. 69. (SB 800) Effective January 1, 2018.)
  21. 13433.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    The secretary may make regulations about how often assessments are paid, how payment and refunds are handled, and penalties for late payment.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13433. 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. (Amended by Stats. 2017, Ch. 573, Sec. 70. (SB 800) Effective January 1, 2018.)
  22. 13434.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Money received by the secretary under this chapter must be deposited in the Department of Food and Agriculture Fund and used only for administering and enforcing this chapter and Chapter 15.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 4. Motor Oil Fee [13430 - 13434] ( Article 4 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13434. 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). (Amended by Stats. 2017, Ch. 573, Sec. 71. (SB 800) Effective January 1, 2018.)
  23. 13440.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. )

    Verify source ↗

    The department must set fuel specifications, and several fuel types must meet listed ASTM or SAE standards.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. ) ## 13440. (a) The department shall establish specifications for automotive spark-ignition engine fuels. The department shall adopt by reference the latest standards established by a recognized consensus organization or standards writing organization such as ASTM International or SAE International, for automotive spark-ignition engine fuel, except that no specification shall be less stringent than required by any California state law. (b) Any gasoline-oxygenate blend containing methanol shall also contain an alcohol cosolvent (butanol or higher molecular weight alcohol) in an amount equal to or greater than the volume percentage of methanol except those blends previously granted a waiver by the United States Environmental Protection Agency. (c) The antiknock index as defined in Section 13400 for gasoline, gasoline oxygenated blends, and dimethyl ether-propane fuel blends shall not be less than 87. (d) Gasoline and gasoline-oxygenate blends shall meet the latest specifications set forth in ASTM International Standard Specification D4814. (e) Notwithstanding any other provision of this section, gasoline sold for use in Inyo or Mono County, or the portion of Kern County lying east of the Los Angeles County Aqueduct, shall comply with the latest specification set forth in ASTM International Standard Specification D4814 relating to volatility class standards for the season during which the gasoline is sold for either the interior region or the southeast region of California. (f) Ethanol fuel blends shall meet the latest specifications set forth in ASTM International Standard Specification D5798. (g) Methanol fuel blends shall meet the latest specifications set forth in ASTM International Standard Specification D5797. (h) Liquefied petroleum gas for use as a motor vehicle fuel shall meet the latest specifications set forth in ASTM International Standard Specification D1835. (i) Dimethyl ether-propane fuel blends for use as motor vehicle fuel shall meet the latest specifications set forth by the ASTM International. If no ASTM International specifications exist, the secretary shall establish interim specifications by regulation. (j) Natural gas for use as a motor vehicle fuel shall meet the latest specification set forth by the ASTM International or SAE International. (Amended by Stats. 2020, Ch. 117, Sec. 2. (AB 2663) Effective January 1, 2021.)
  24. 13440.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. )

    Verify source ↗

    For this calculation, ethanol volume in a gasoline-oxygenate blend includes certain added denaturants, including gasoline, up to the ASTM maximum, but the standard cannot be weaker than California law requires.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. ) ## 13440.5. For purposes of determining the percentage of ethanol in a gasoline-oxygenate blend for use as a fuel, the volume of ethanol includes the volume of any denaturant (including gasoline) that is added to the extent that these denaturants do not exceed the maximum volume percent specified in the latest standard established by ASTM International, except that no standard shall be less stringent than required by any California state law. (Amended by Stats. 2015, Ch. 591, Sec. 17. (AB 808) Effective January 1, 2016.)
  25. 13441.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. )

    Verify source ↗

    A person may not sell a product as gasoline or automotive spark-ignition engine fuel unless it matches the article’s specifications.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. ) ## 13441. It is unlawful for any person to sell any product as, or purporting to be, gasoline or automotive spark-ignition engine fuel, unless the product conforms to the specifications of this article. (Amended by Stats. 1985, Ch. 167, Sec. 2.5.)
  26. 13442.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. )

    Verify source ↗

    A person may not sell or deliver nonconforming motor vehicle fuel for internal combustion engines at storage or sale locations unless the required labels or signs are attached or painted on the specified equipment.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. ) ## 13442. (a) It is unlawful for any person to sell, offer for sale, or cause or permit to be sold or offered for sale, or deliver or offer for delivery, any product used as a motor vehicle fuel for internal combustion engines at any place where motor vehicle fuels are kept or stored for sale, which does not conform to the requirements of this article, unless and until there shall be firmly attached to or painted upon each container, receptacle, pump, and inlet end of the fill pipe of each underground storage tank, or other equipment used for storage of motor vehicle fuel, from which or into which the motor vehicle fuel is drawn or poured for sale or delivery, a sign or label, plainly visible, comprising the brand, trademark, or trade name of such fuel, or the words “no brand,” that words shall be in letters of gothic type with a stroke of not less than one-eighth inch in width and not less than one inch in height, and also the words “not gasoline” in red letters of gothic type with a stroke of not less than one-half inch in width and not less than three inches in height, on a white background and not less than twice the size of any other letters or words appearing on or near the label or sign. (b) The provisions of this article, as to the words “not gasoline,” shall not apply to signs or labels used in connection with the sale or delivery of kerosene, jet or turbine fuel, diesel fuel, liquefied petroleum gas, natural gas, or motor fuel comprised of a mixture of gasoline and lubricating oil properly labeled in accordance with the provisions of Article 9 (commencing with Section 13480). (c) This section does not apply to electricity sold as a motor vehicle fuel. (Amended by Stats. 2015, Ch. 591, Sec. 18. (AB 808) Effective January 1, 2016.)
  27. 13443.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. )

    Verify source ↗

    A required sign or label for an underground storage tank’s fill-pipe must be a tag or plate that is firmly attached and plainly visible while the tank is being filled.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5. Standards for Spark-Ignition Fuels [13440 - 13443] ( Heading of Article 5 amended by Stats. 2015, Ch. 591, Sec. 15. ) ## 13443. The sign or label required by this article to be attached to the inlet end of the fill-pipe of an underground storage tank shall consist of a tag or plate firmly attached or affixed and plainly visible while the tank is being filled. The letters on such sign or label may be of any convenient size. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  28. 13446.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5.5. Standards for Alternative Fuels [13446- 13446.] ( Heading of Article 5.5 amended by Stats. 2015, Ch. 591, Sec. 19. )

    Verify source ↗

    The department may set interim specifications for alternative fuel for motor vehicles, then must adopt the latest ANSI-accredited standard by reference once one is formally adopted.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 5.5. Standards for Alternative Fuels [13446- 13446.] ( Heading of Article 5.5 amended by Stats. 2015, Ch. 591, Sec. 19. ) ## 13446. The department may establish interim specifications for alternative fuel for use in motor vehicles until a standards development organization accredited by the American National Standards Institute (ANSI) formally adopts a standard for the fuel for use in motor vehicles. The department shall then adopt, by reference, the latest standard established by the ANSI-accredited standards development organization for alternative fuel, except that no specification shall be less stringent than required by any California state law. (Repealed and added by Stats. 2015, Ch. 591, Sec. 21. (AB 808) Effective January 1, 2016.)
  29. 13450.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 6. Standards for Compression-Ignition Engine Fuels, Kerosene, and Fuel Oils [13450 - 13451] ( Heading of Article 6 amended by Stats. 2015, Ch. 591, Sec. 22. )

    Verify source ↗

    The department must set fuel specifications and adopt updated industry standards by reference, but those specifications cannot be less strict than California law.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 6. Standards for Compression-Ignition Engine Fuels, Kerosene, and Fuel Oils [13450 - 13451] ( Heading of Article 6 amended by Stats. 2015, Ch. 591, Sec. 22. ) ## 13450. The department shall establish specifications for compression-ignition engine fuel, kerosene, and fuel oil. The department shall adopt by reference the latest standards established by a recognized consensus organization or standards writing organization such as the ASTM International or the SAE International, for compression-ignition engine fuels, kerosene, and fuel oil, except that no specification shall be less stringent than required by any California state law. (a) Diesel fuel oil and renewable diesel fuel oil shall meet the specifications set forth in ASTM International Standard Specification D975. (b) Kerosene shall meet the specifications set forth in ASTM International Standard Specification D3699. (c) Fuel oil shall meet the specifications set forth in ASTM International Standard Specification D396. (d) Biodiesel blends shall meet the latest specifications set forth in ASTM International Standard Specification D7467. (e) Dimethyl ether used as a motor vehicle fuel shall meet the latest specifications set forth in ASTM International Standard Specification D7901. (f) Renewable diesel fuel shall meet the specifications set forth in ASTM International Standard Specification D975. (Amended by Stats. 2015, Ch. 591, Sec. 23. (AB 808) Effective January 1, 2016.)
  30. 13451.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 6. Standards for Compression-Ignition Engine Fuels, Kerosene, and Fuel Oils [13450 - 13451] ( Heading of Article 6 amended by Stats. 2015, Ch. 591, Sec. 22. )

    Verify source ↗

    A person must not sell or deliver certain fuel products for sale unless the product meets this article’s specifications.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 6. Standards for Compression-Ignition Engine Fuels, Kerosene, and Fuel Oils [13450 - 13451] ( Heading of Article 6 amended by Stats. 2015, Ch. 591, Sec. 22. ) ## 13451. It is unlawful for any person to sell or deliver to any premises for the purpose of sale, any product as or purported to be “compression-ignition engine fuel,” “diesel fuel,” “kerosene,” or “fuel oil,” unless the product conforms to the specifications of this article. (Amended by Stats. 1994, Ch. 521, Sec. 3. Effective January 1, 1995.)
  31. 13460.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 7. Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles [13460 - 13462] ( Article 7 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Engine oil cannot be sold or distributed for use in an internal combustion engine unless it meets listed performance and testing specifications.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 7. Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles [13460 - 13462] ( Article 7 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13460. Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications: (a) It shall meet the engine oil requirements established by a minimum of one current API classification pursuant to the latest revision of the SAE International Standard SAE J183 for engine oil performance and engine service classification, or a minimum of one current sequence of the European Automobile Manufacturers Association (ACEA) “European Oil Specification.” (b) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. (c) Any engine oil that is represented to meet SAE International SAE J183 engine oil performance and engine service classification SA must have either an acid number or base number of 0.20 mg of KOH/g as measured by ASTM International Standard Test Method D974 or equivalent. (d) Any engine oil represented as “resource conserving” shall meet the requirements established by the latest revision of the SAE International Recommended Practice SAE J-1423. (Amended by Stats. 2015, Ch. 591, Sec. 24. (AB 808) Effective January 1, 2016.)
  32. 13461.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 7. Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles [13460 - 13462] ( Article 7 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Lubricating oil for manual transmissions, gears, or axles may not be sold or distributed unless it meets specified SAE and ASTM standards.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 7. Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles [13460 - 13462] ( Article 7 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13461. Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following specifications: (a) It meets the service requirements contained in the latest revision of the SAE Information Report on axle and manual transmission lubricants SAE J308. (b) The viscosity grade classification number shall be the same as the latest published SAE International Standard SAE J306 when tested in accordance with the latest method published by the ASTM International. (c) It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the standard test ASTM D-2273. (Amended by Stats. 2012, Ch. 661, Sec. 55. (SB 1576) Effective January 1, 2013.)
  33. 13462.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 7. Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles [13460 - 13462] ( Article 7 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Manufacturers or packagers of covered products sold in the state must provide documentation about label claims when asked by duly authorized department representatives.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 7. Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles [13460 - 13462] ( Article 7 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13462. Any manufacturer or packager of any product subject to this article and sold in this state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products’ label. (Repealed and added by Stats. 1989, Ch. 1047, Sec. 9.)
  34. 13480.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Fuel and lubricant sellers must post plainly visible labels with specified product information, and the secretary must make labeling rules for automotive spark-ignition engine fuel.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13480. (a) It is unlawful for any person to sell any motor vehicle fuel or lubricant referred to in this chapter at any place where motor vehicle fuels or lubricants 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 motor vehicle fuel and kerosene, the grade or brand name designation. (b) When the product is a lubricant, as defined by Section 13400, each sign or label shall also have in letters or numerals, plainly visible, the viscosity grade classification as determined in accordance with the SAE International 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, the secretary shall make rules and regulations as are reasonably necessary to define and enforce the octane number, antiknock index labeling requirements, or other labeling requirements of the product sold. (d) When the product is a motor vehicle 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 vehicle 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 International viscosity number grade shall not apply to products sold for aviation purposes. (g) This section does not apply to electricity sold as a motor vehicle fuel. (Amended by Stats. 2015, Ch. 591, Sec. 31. (AB 808) Effective January 1, 2016.)
  35. 13481.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    If motor vehicle fuel or lubricant is sold without a brand, trademark, or trade name, it must be labeled as “no brand” and the words must meet specific font and color requirements.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13481. (a) If any motor vehicle fuel or lubricant is offered for sale, but not under any brand, trademark, or trade name, the words “no brand” shall be used as the brand, trademark, or trade name 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. (b) This section does not apply to electricity sold as a motor vehicle fuel. (Amended by Stats. 2015, Ch. 591, Sec. 32. (AB 808) Effective January 1, 2016.)
  36. 13482.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    A person must not sell or distribute engine oil, lubricant, or axle/manual transmission lubricant unless the product meets the stated classification or viscosity requirements and, for engine oil or lubricant, the required markings or product-transfer description rules.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13482. (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met: (1) The product conforms to a minimum of one active API classification pursuant to the latest revision of SAE J183 “Engine Oil Performance and Engine Service Classification,” a minimum of one active sequence of the European Automobile Manufacturers’ Association (ACEA) “European Oil Sequences specification,” or a minimum of one active OEM specification. (2) The API classification or ACEA sequence or OEM specification and SAE J300 viscosity grade is conspicuously marked on each container or, if provided in bulk, properly described in product transfer documents. (b) It is unlawful for any person to sell or distribute axle and manual transmission lubricant unless it conforms to an SAE J306 viscosity grade. (Amended by Stats. 2015, Ch. 591, Sec. 33. (AB 808) Effective January 1, 2016.)
  37. 13483.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    The article’s letter-size rules do not apply to signs or labels at the inlet end of an underground storage tank, as long as the letters are plainly visible while the tank is being filled.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  38. 13484.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Signs or labels required by this chapter must be placed so they are visible from the relevant driveway(s) for a pump, receptacle, or other container used to serve one or more driveways.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  39. 13485.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Small hand measures used to deliver motor vehicle fuels or lubricants do not need chapter labeling if they are filled in the customer’s presence and the source receptacle, container, or pump is properly labeled.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13485. Small hand measures used for delivery of motor vehicle fuels or lubricants, 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 motor vehicle fuels or lubricants are drawn or poured into the hand measures is properly labeled as required by this chapter. (Amended by Stats. 2015, Ch. 591, Sec. 34. (AB 808) Effective January 1, 2016.)
  40. 13486.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    At places where motor vehicle fuels or lubricants are sold, a person must not deliver or sell fuel or lubricant that does not match the product shown on the required label, tag, or sign.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13486. (a) It is unlawful, at any place of business where motor vehicle fuels or lubricants are sold, for any person to do either of the following: (1) Deliver into a storage tank or container any motor vehicle fuel or lubricant 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 motor vehicle fuel or lubricant 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 vehicle fuel into a storage tank labeled with the authorized rebrand as provided in Article 14 (commencing with Section 13560). (Amended by Stats. 2015, Ch. 591, Sec. 35. (AB 808) Effective January 1, 2016.)
  41. 13489.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Certain gasoline blending pumps or devices may be authorized if the department finds all listed technical conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Amended by Stats. 1989, Ch. 1047, Sec. 12.)
  42. 13490.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Certain blending-type fuel pumps or devices may be used only if the department finds specified accuracy, display, and ratio-control conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 9. Labeling [13480 - 13490] ( Article 9 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Amended by Stats. 1989, Ch. 1047, Sec. 13.)
  43. 135.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Department agencies generally may not add extra exam-related barriers just because an applicant previously failed examinations.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 135. No agency in the department shall, on the basis of an applicant’s failure to successfully complete prior examinations, impose any additional limitations, restrictions, prerequisites, or requirements on any applicant who wishes to participate in subsequent examinations except that any examining agency which allows an applicant conditional credit for successfully completing a divisible part of an examination may require that an applicant be reexamined in those parts successfully completed if such applicant has not successfully completed all parts of the examination within a required period of time established by the examining agency. Nothing in this section, however, requires the exemption of such applicant from the regular fees and requirements normally associated with examinations. (Added by Stats. 1974, Ch. 743.)
  44. 135.4.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Boards in the department must expedite initial licensure for certain applicants with refugee, asylum, or qualifying special immigrant visa status, and may assist them.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 135.4. (a) Notwithstanding any other law, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that they have been admitted to the United States as a refugee under Section 1157 of Title 8 of the United States Code, have been granted asylum by the Secretary of Homeland Security or the Attorney General of the United States pursuant to Section 1158 of Title 8 of the United States Code, or they have a special immigrant visa (SIV) that has been granted a status under Section 1244 of Public Law 110-181, under Public Law 109-163, or under Section 602(b) of Title VI of Division F of Public Law 111-8. (b) Nothing in this section shall be construed as changing existing licensure requirements. A person applying for expedited licensure under subdivision (a) shall meet all applicable statutory and regulatory licensure requirements. (c) A board may adopt regulations necessary to administer this section. (d) For purposes of this section, “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses. (Amended by Stats. 2024, Ch. 481, Sec. 4. (SB 1451) Effective January 1, 2025.)
  45. 135.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Department entities may not deny licensure based on citizenship or immigration status, and every board in the department must make the needed regulatory or procedural changes by January 1, 2016.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 135.5. (a) The Legislature finds and declares that it is in the best interests of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by all licensing acts of entities within the department, and therefore enacts this section pursuant to subsection (d) of Section 1621 of Title 8 of the United States Code. (b) Notwithstanding subdivision (a) of Section 30, and except as required by subdivision (e) of Section 7583.23, no entity within the department shall deny licensure to an applicant based on his or her citizenship status or immigration status. (c) Every board within the department shall implement all required regulatory or procedural changes necessary to implement this section no later than January 1, 2016. A board may implement the provisions of this section at any time prior to January 1, 2016. (Added by Stats. 2014, Ch. 752, Sec. 2. (SB 1159) Effective January 1, 2015.)
  46. 13500.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. )

    Verify source ↗

    A person transporting certain products in a tank vehicle for sale or delivery must have a metal tag, plate, or label fixed at each outlet or valve, and the label must show the product’s name and grade.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. ) ## 13500. It is unlawful for any person to transport in any tank vehicle, for the purpose of sale or for delivery to any place where motor vehicle fuels or lubricants are stored for sale, any product referred to in this chapter unless there is firmly affixed at each outlet or valve of the tank vehicle, a metal tag, plate, or label. The tag, plate, or label shall display, in letters not less than one-half inch in height, the name and grade of the product in the tank compartment of the tank vehicle. In the case of motor oil, the SAE International viscosity number shall also be displayed on the tag, plate, or label. (Amended by Stats. 2015, Ch. 591, Sec. 36. (AB 808) Effective January 1, 2016.)
  47. 13501.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. )

    Verify source ↗

    A person may not mix products or grades of products while delivering them for sale, if the resulting product would not meet department specifications.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. ) ## 13501. It is unlawful for any person, when delivering for the purpose of sale, or delivering to any place where products referred to in this chapter are kept for sale, to commingle any product with another product or to commingle grades of a product, if as a result of the commingling the product delivered does not meet the specifications adopted or established by the department. (Amended by Stats. 2015, Ch. 591, Sec. 37. (AB 808) Effective January 1, 2016.)
  48. 13502.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. )

    Verify source ↗

    A person must not deliver a product into a storage tank or container for sale unless it matches the product shown on the label.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. ) ## 13502. It is unlawful for any person to deliver into a storage tank or container at any place where products referred to in this chapter are stored for sale, any product other than the product identified on the label attached to the storage tank or container. (Amended by Stats. 2015, Ch. 591, Sec. 38. (AB 808) Effective January 1, 2016.)
  49. 13503.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. )

    Verify source ↗

    It is unlawful to deliver aviation gasoline to an aircraft’s fuel tank through the same meter used for non-aviation gasoline deliveries.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 10. Tank Vehicles [13500 - 13503] ( Article 10 repealed and added by Stats. 1984, Ch. 698, Sec. 4. ) ## 13503. It is unlawful to deliver aviation gasolines to the fuel tank of any aircraft through the same meter used for deliveries of gasolines not specifically refined or manufactured for aviation use. (Repealed and added by Stats. 1984, Ch. 698, Sec. 4.)
  50. 13520.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 11. Basis of Settlement [13520- 13520.] ( Article 11 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Distributors and brokers may not sell gasoline or diesel fuel in a qualifying delivery unless they invoice and settle on a temperature-corrected basis.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 11. Basis of Settlement [13520- 13520.] ( Article 11 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13520. It is unlawful for any distributor or for any broker to sell any product to a retailer or to any person, when the quantity distributed in any single delivery to a single location is 5,000 or more gallons, as, or purporting to be, gasoline or diesel fuel, unless the distributor or broker, as the case may be, offers to invoice the purchaser for such gasoline or diesel fuel on the basis of temperature-corrected gallonage to 60 degrees Fahrenheit for all such deliveries to the purchaser over a period of 12 consecutive months and settles his accounts with the purchaser on the same basis. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  51. 13530.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    Some fuel-price advertising is allowed, and certain price signs and trading-stamp value disclosures are not required under this provision.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13530. (a) Nothing in this article applies to price indicators and signs referred to in Article 8 (commencing with Section 13470). However, any numerals designating the total price per gallon, liter, or other unit of measurement adopted pursuant to Section 12107, 13404, or 13404.5 for a particular brand and grade of motor vehicle fuel permitted or required under Article 8 (commencing with Section 13470) shall, unless otherwise stated, be identical in numerical value with the price per gallon, liter, or other unit of measurement for the same brand and grade of motor vehicle fuel permitted or required under this article. (b) Nothing in this chapter requires that the cash or merchandise value of trading stamps be stated on any advertising media that either advertises the stamps or advertises the price of motor vehicle fuel. (c) Unless otherwise prohibited, any person selling motor vehicle fuel by the liter shall be authorized to advertise its price by displaying on the advertising medium either the price per liter or the price per gallon. (Amended by Stats. 2015, Ch. 591, Sec. 39. (AB 808) Effective January 1, 2016.)
  52. 13531.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    Fuel retailers must post a visible on-premises sign showing the total prices of the three major fuel grades they sell, and local governments may exempt some scenic or historic areas.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13531. (a) (1) Every person offering for sale or selling any motor vehicle fuel to the public from any place of business shall display on the premises an advertising medium that complies with the requirements of this article and that advertises the total prices of the three major grades of motor vehicle fuel offered for sale. (2) The advertising medium shall be clearly visible from the street or highway adjacent to the premises. When the place of business is situated at an intersection, the advertising medium shall be clearly visible from each street of the intersection. (3) For purposes of this subdivision, motor vehicle fuel does not include propane or dimethyl ether-propane fuel blend. (4) For purposes of this subdivision, electricity and natural gas sold as a motor vehicle fuel shall meet only the requirements adopted pursuant to Sections 13404 and 13404.5. (b) The governing body of any city, county, or city and county may, by ordinance, exempt specified geographic areas from the provisions of this section if, pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code, the areas are designated on the local general plan as scenic corridors or historic preservation areas. (c) (1) Except as provided in paragraph (2), any person who violates the provisions of subdivision (a) is guilty of an infraction and, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500). (2) Any person who violates the provisions of subdivision (a) and who has been previously convicted two or more times of a violation of subdivision (a) is guilty of a misdemeanor and, upon conviction, is punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both. (d) Notwithstanding Section 13590, the district attorney of each county, or pursuant to Section 41803.5 of the Government Code, the city attorney of any general law city or chartered city within each county, or the county sealer, shall, upon complaint or upon their own motion, enforce the provisions of this section and, in addition, may bring an action for injunctive relief in accordance with Section 13611. (Amended by Stats. 2020, Ch. 117, Sec. 3. (AB 2663) Effective January 1, 2021.)
  53. 13532.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    Advertising fuel prices or discounts must include specific price and disclosure information.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13532. (a) It is unlawful for any person to display any advertising medium that indicates the price of motor vehicle fuel unless the advertising medium displays all of the following: (1) The total price per gallon, liter, or other unit of measurement adopted pursuant to Section 12107, 13404, or 13404.5, including all taxes, in numerals, and fractions when applicable, not less than six inches in height and of uniform size and color. For purposes of this article, fractions are considered one numeral. For purposes of this section, electricity sold as a motor vehicle fuel shall meet only the requirements adopted pursuant to Section 13404.5. (2) The trademark or brand of the motor vehicle fuel in letters, figures, or numerals not less than one-third the size of the numerals designating the price. (3) The word “gasoline” or the name of other motor vehicle fuel in letters not less than one-third the size of the numerals designating the price, but these words need not be more than four inches in height. (4) The grade designation of the motor vehicle fuel in letters or numerals not less than one-sixth the size of the numerals designating the price, but this designation need not be more than four inches in height. (5) If motor vehicle fuel prices are advertised by the unit of measurement other than gallon, the unit shall be displayed on the advertising medium in letters not less than one-third the size of the numerals designating the price. (b) (1) It is unlawful for any person to display an advertising medium that advertises a discount or price reduction for motor vehicle fuel, unless the advertising medium contains all the following: (A) The total price per gallon, liter, or other unit of measurement adopted pursuant to Section 12107, 13404, or 13404.5 from which the discount or price reduction is to be taken. (B) The amount of the discount or price reduction in cents per gallon, liter, or other unit of measurement using numerals that do not exceed the height of the numerals in the advertised price. (C) The conditions of the discount or price reduction using words whose letters are not less than one-third the size of the price numerals. (2) Any limitations under which the discount or price reduction is offered shall be explained in words whose letters are not less than one-third the size of the numerals indicating the prices. (3) There shall be available for each customer’s reference, a chart showing the amount of discount for each type of unit being sold or fraction thereof in one cent ($0.01) increments, or the retail dispensers used to dispense motor vehicle fuel at the discount price shall be set to compute the total sale at the discounted price per gallon or liter and shall be clearly labeled “Includes Cash Discount” in letters not less than one inch in height. (4) For purposes of this subdivision, the motor vehicle fuel shall be sold in the same unit of measure in which the discount and the price from which the discount is taken are advertised. (c) In the event that the same grade of motor vehicle fuel is sold at different prices from any single place of business, it is unlawful for any person to display any advertising medium that advertises a price of a grade of motor vehicle fuel unless the advertising medium advertises in numerals of equal size each of the higher prices, including all taxes for which the grade is sold or offered for sale, and unless the advertising medium explains the conditions, and any limitations, under which that grade is sold or offered for sale at different prices. The words of explanation shall be clearly shown in letters at least one-third the size of the numerals indicating the prices. The different prices at which the same grade of motor vehicle fuel is sold or offered for sale shall be advertised in the same unit of measure as permitted or required by law. (d) Nothing in this section prohibits any person who has posted or displayed a sign or advertising medium in compliance with this chapter from displaying additional signs or advertising media that state either (1) the amount of discount in cents per gallon, liter, or other unit of measurement adopted pursuant to Section 12107, 13404, or 13404.5, or (2) the total price of one or more brands or grades of motor vehicle fuel sold or offered for sale, provided the conditions and any limitations of the discount or price of the brand or grade of motor vehicle fuel are included in the additional advertising media in letters not less than one-third the size of the numerals indicating the discount or price. (Amended by Stats. 2016, Ch. 208, Sec. 1. (AB 2906) Effective January 1, 2017.)
  54. 13533.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    A person may not display a price ad for motor oil at or near a business premises in this state unless the same ad clearly shows the motor oil brand and product name.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13533. It shall be unlawful for any person to display on or near the premises of any place of business in this state any advertising medium which advertises the price of motor oil offered for sale without conspicuously showing on the same advertising medium the brand of the motor oil and the name of the product. The letters, figures and numerals used to designate the brand and the name of the product shall not be less than one-half the size of the numerals designating the price. (Repealed and added by Stats. 1984, Ch. 698, Sec. 6.)
  55. 13534.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    A person may not add extra advertising matter to the covered advertising signs, except for three listed kinds of text; a special rule also exempts certain electronic changeable message centers.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13534. (a) Except as provided by subdivision (b), and subdivisions (b), (c), and (d) of Section 13532, it is unlawful for any person to place any additional advertising matter on any advertising medium referred to in this article except: (1) A description of the products offered for sale in letters or numerals not larger than the price numerals. (2) Methods of sale, such as self-serve or full-serve, in letters not less than one-third the size of the price numerals. (3) Words describing the type of services offered at the place of business, such as food market, carwash, tune up, and the registered trademark or trade name of the service, but not the price of the service. (b) Subdivision (a) does not apply to electronic changeable message centers when the advertising content includes both the product offered for sale and its price in a single advertising message, or when the product and price components of the advertising message clearly relate to one another and the price neither starts nor ends the message. (Amended by Stats. 2004, Ch. 72, Sec. 1. Effective January 1, 2005.)
  56. 13535.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    If motor vehicle fuel or lubricant is advertised for sale without a brand designation, the advertisement must use the words “no brand” as the brand designation.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13535. If any motor vehicle fuel or lubricant is advertised for sale, but not under any brand designation, the words “no brand” shall be used on the advertising medium as a brand designation. (Amended by Stats. 2015, Ch. 591, Sec. 42. (AB 808) Effective January 1, 2016.)
  57. 13536.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    Advertising media text in this article must use heavy type, stay clearly visible, and contrast with the background.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13536. All letters, words, figures, or numerals which are part of the advertising media referred to in this article shall have a heavy type face or stroke, shall be clearly visible, and of a color or tint that will contrast the letters, words, figures, or numerals with the background of the advertising media. The height of the letters, figures, and numerals, except the letter “l” and numeral one, shall not be more than twice the width. (Amended by Stats. 1985, Ch. 345, Sec. 7.)
  58. 13540.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. )

    Verify source ↗

    Local city, county, and city-and-county governments may adopt ordinances restricting the advertising medium covered by this article, if any provisions on matters specifically covered here are identical to this article.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 12. Price Sign Advertising [13530 - 13540] ( Article 12 repealed and added by Stats. 1984, Ch. 698, Sec. 6. ) ## 13540. Nothing in this article shall be construed to prohibit the governing body of any city, county, or city and county from enacting ordinances, including, but not limited to, land use and zoning ordinances, which impose restrictions on the advertising medium referred to in this article, so long as any provisions of the ordinances dealing with matters specifically covered in this article are identical to this article. (Repealed and added by Stats. 1984, Ch. 698, Sec. 6.)
  59. 13550.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 13. Inducements for the Sale of Motor Vehicle Fuel [13550- 13550.] ( Heading of Article 13 amended by Stats. 2015, Ch. 591, Sec. 43. )

    Verify source ↗

    Motor vehicle fuel producers and distributors may not force or improperly pressure retail dealers to join giveaways, and retail dealers keep the choice to participate.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 13. Inducements for the Sale of Motor Vehicle Fuel [13550- 13550.] ( Heading of Article 13 amended by Stats. 2015, Ch. 591, Sec. 43. ) ## 13550. No motor vehicle fuel producer or distributor shall compel or unduly or unreasonably influence any retail dealer to participate in the giveaway or offer to give away free of charge any item of value, including trading stamps or any kind of merchandise or goods, whether or not the giveaway is conditional upon the purchase of motor vehicle fuels or lubricants. The decision to participate in those giveaways shall be solely that of the retail dealer. Nothing in this section shall prohibit a retail dealer from entering into an agreement to participate in any giveaway program. (Amended by Stats. 2015, Ch. 591, Sec. 44. (AB 808) Effective January 1, 2016.)
  60. 13561.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    The article does not bar a person from selling a manufacturer’s product under the seller’s own trademarks, trade names, brands, or the words “no brand” if the seller first gets the manufacturer’s written authorization.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13561. This article does not prohibit any person from selling under his or her own trademarks, trade names, brands, or the words “no brand,” the product of any manufacturer if such person has first obtained the written authorization of the true manufacturer so to sell such product. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  61. 13562.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    A non-manufacturer who buys petroleum products must not change the product’s purchase designation unless there is written authorization.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13562. No person other than the true manufacturer who purchases any petroleum product shall change the designation under which the product is purchased by him or her, without a written authorization. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  62. 13568.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Copies of the written authorizations required by this article must be furnished to the department when requested.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13568. Copies of the written authorizations required by this article shall be furnished the department upon request. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  63. 13570.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Certain fuel distributors must put alcohol and fuel-quality details on standard shipping and invoice documents.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13570. (a) A manufacturer, blender, agent, jobber, consignment agent, or distributor who distributes motor vehicle fuel that contains at least 1 percent alcohol by volume, shall state on an invoice, bill of lading, shipping paper, or other documentation used in normal and customary business practices, the percentage of alcohol, the type of alcohol, and, except in documentation certifying the octane rating of gasoline as required by federal law, the minimum antiknock index number, as defined in subdivision (q) of Section 13400, of the products distributed. (b) If a motor vehicle fuel product contains less than 10 percent ethanol, a statement in the documentation that the product “contains up to 10% ethanol” meets the requirement of subdivision (a) that it state the percentage of ethanol. (c) This section, as it relates to certification of the minimum antiknock index number, applies to all motor vehicle gasoline distributed. (Amended by Stats. 2016, Ch. 208, Sec. 2. (AB 2906) Effective January 1, 2017.)
  64. 13571.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Copies of the Section 13570 documentation must be available for inspection during business hours by duly authorized representatives of the department.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 14. Passing Off [13561 - 13571] ( Article 14 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13571. Copies of the documentation specified in Section 13570 shall be available for inspection during business hours by duly authorized representatives of the department. (Added by Stats. 1983, Ch. 1012, Sec. 5.)
  65. 13590.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    The department, acting through the Division of Measurement Standards, must enforce this chapter and may appoint and employ inspectors as necessary.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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 inspectors as may be necessary. (Amended by Stats. 2015, Ch. 591, Sec. 46. (AB 808) Effective January 1, 2016.)
  66. 13591.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    The department, its inspectors, and each sealer may inspect certain motor vehicle fuels or lubricants and enter places where they are kept or stored for sale, for inspection purposes.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13591. (a) The department, its inspectors, and each sealer, are hereby authorized and empowered to inspect the motor vehicle fuels or lubricants referred to in this chapter and to enter, for the purpose of the inspection, any place where motor vehicle fuels or lubricants are kept or stored for sale. (b) All those officers shall enforce the provisions of this chapter. (Amended by Stats. 2015, Ch. 591, Sec. 47. (AB 808) Effective January 1, 2016.)
  67. 13592.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    The department, each sealer, and authorized inspectors may take necessary samples of motor vehicle fuels or lubricants kept or stored for sale.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13592. The department, each sealer, and any person now or hereafter authorized or empowered by law to inspect the motor vehicle fuels or lubricants referred to in this chapter, may take such sample or samples as may be necessary of any motor vehicle fuel or lubricant kept or stored for the purpose of sale. (Amended by Stats. 2015, Ch. 591, Sec. 48. (AB 808) Effective January 1, 2016.)
  68. 13593.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    It is unlawful to refuse or try to stop an authorized person from taking sample or samples allowed by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  69. 13594.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    If the owner or possessor of a product demands payment when a sample is taken, the person taking the sample must pay the reasonable market price for the commodity taken.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  70. 13595.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    You must not sell or deliver nonconforming motor vehicle fuel or lubricant, or use unlabeled or mislabeled containers or devices for those sales or deliveries.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13595. (a) It is unlawful for any person to sell or deliver any motor vehicle fuel or lubricant referred to in this chapter that fails to meet the specifications required by this chapter. (b) It is unlawful for any person to sell or deliver any motor vehicle fuel or lubricant referred to in this chapter into, from, or through an unlabeled or mislabeled container or device. (c) (1) 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 motor vehicle fuel or lubricant referred to in this chapter that fails to meet the requirements of this chapter. (2) 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 secretary or sealer representing the secretary 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. (Amended by Stats. 2015, Ch. 591, Sec. 49. (AB 808) Effective January 1, 2016.)
  71. 13596.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    After 24 hours’ written notice, the officer must break the seal so the contents can be removed or the container properly labeled, and the removal or labeling must happen in the officer’s presence.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  72. 13597.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    If contents are not removed by the time in the written notice, or the equipment is not properly labeled, the container or tank must be sealed again and the contents cannot later be removed or the equipment used again unless a new notice is given and the labeling is corrected.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  73. 13598.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    After the contents are removed or the article’s labeling requirements are met, the previously posted notice must be removed and the container, receptacle, pump, or storage tank may be put back to lawful use.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  74. 13599.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    An owner, manager, or operator must not relabel certain fuel-related containers or equipment unless prior distinctive colors, brands, trademarks, or trade names that suggest a different product are first removed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  75. 136.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Licensees and other holders of board-issued professional authority must tell the issuing board at its principal office when their mailing address changes, normally within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 136. (a) Each person holding a license, certificate, registration, permit, or other authority to engage in a profession or occupation issued by a board within the department shall notify the issuing board at its principal office of any change in the person’s mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period. (b) Except as otherwise provided by law, failure of a licensee to comply with the requirement in subdivision (a) constitutes grounds for the issuance of a citation and administrative fine, if the board has the authority to issue citations and administrative fines. (Amended by Stats. 2019, Ch. 351, Sec. 34. (AB 496) Effective January 1, 2020.)
  76. 13600.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    It is unlawful for most people and company personnel to tamper with sealing devices or notices on fuel or lubricant containers, pumps, or storage tanks, except for the department or specified officers.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 16. Enforcement [13590 - 13600] ( Article 16 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 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 motor vehicle fuel or lubricant, 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. (Amended by Stats. 2015, Ch. 591, Sec. 50. (AB 808) Effective January 1, 2016.)
  77. 13610.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 17. Penalties [13610 - 13611] ( Article 17 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Each person commits a separate offense for each day a violation of this chapter is committed, continued, or permitted, and is punishable under this division.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 17. Penalties [13610 - 13611] ( Article 17 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13610. Each person is guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by the person, and the person shall be punishable therefor as provided in this division. (Amended by Stats. 1988, Ch. 590, Sec. 11.)
  78. 13611.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 17. Penalties [13610 - 13611] ( Article 17 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    The department or any sealer may sue to stop violations or threatened violations of this chapter or related regulations.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 17. Penalties [13610 - 13611] ( Article 17 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13611. The department or any sealer may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any regulation made pertaining to the provisions of this chapter. The action may be brought in the county in which such violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions or regulations, although their properties, interests, residences, or places of business may be in several counties and the violations separate and distinct. Any proceeding brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1980, Ch. 636, Sec. 5.)
  79. 13620.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 18. Disposition and Use of Moneys [13620- 13620.] ( Article 18 added by Stats. 1980, Ch. 636, Sec. 5. )

    Verify source ↗

    Money in the Department of Food and Agriculture Fund from Chapters 14 and 15 may be used to administer and enforce those chapters.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14. Fuels and Lubricants [13400 - 13620] ( Heading of Chapter 14 amended by Stats. 2015, Ch. 591, Sec. 1. ) ## ARTICLE 18. Disposition and Use of Moneys [13620- 13620.] ( Article 18 added by Stats. 1980, Ch. 636, Sec. 5. ) ## 13620. Any moneys in the Department of Food and Agriculture Fund derived under Chapters 14 (commencing with Section 13400) and 15 (commencing with Section 13700) may be expended for the administration and enforcement of any or all of the provisions of those chapters, notwithstanding any other provision of law limiting the expenditure of any of those moneys to the specific purposes or to the administration or enforcement of each of the chapters separately. (Amended by Stats. 1984, Ch. 698, Sec. 8.)
  80. 13650.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. )

    Verify source ↗

    This section defines “service station” as an establishment that sells or offers for sale gasoline or other motor vehicle fuel to the public.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. ) ## 13650. “Service station,” as used in this chapter, means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. (Added by Stats. 1984, Ch. 1561, Sec. 1.)
  81. 13651.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. )

    Verify source ↗

    Service stations must provide free air, water, and an air-pressure gauge to fuel customers, post required notices, and provide restrooms in specified highway locations; the enforcement agency may inspect, cite, and collect a $250 fine for valid complaints.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. ) ## 13651. (a) (1) On and after January 1, 2000, every service station in this state shall provide, during operating hours, and make available at no cost to customers who purchase motor vehicle fuel, water, compressed air, and a gauge for measuring air pressure, to the public for use in servicing any passenger vehicle, as defined in Section 465 of the Vehicle Code, or any commercial vehicle, as defined in Section 260 of the Vehicle Code, with an unladen weight of 6,000 pounds or less. (2) Every service station in this state shall display, at a conspicuous place on, at, or near the dispensing apparatus, at least one clearly visible sign which shall read as follows: “CALIFORNIA LAW REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____.” This sign shall meet the requirements of Sections 13473 and 13474 with regard to letter size and contrast. As used in this paragraph, automotive purposes does not include the washing of vehicles. (b) (1) On and after January 1, 1990, every service station in this state located within 660 feet of an accessible right-of-way of an interstate or primary highway, as defined in Sections 5215 and 5220, shall provide, during business hours public restrooms for use by its customers. Service stations shall not charge customers separately for the use of restroom facilities. (2) The public restroom shall not be temporary or portable but shall be permanent and shall include separate facilities for men and women, each with toilets and sinks suitable for use by disabled persons in accordance with Section 19955.5 of the Health and Safety Code and Title 24 of the California Code of Regulations. However, a service station not located along an interstate highway and in a rural area, as defined by Section 101 of Title 23 of the United States Code, and where the annualized average daily traffic count is 2,500 vehicles or less, is only required to provide a single restroom to be used by both men and women unless the local legislative body or, upon designation by the local legislative body, the local building official determines and finds, based upon traffic studies and local or seasonal tourist patterns, that a single restroom would be inadequate to serve the public. In that event, the single restroom exemption shall not apply. The single restroom shall contain a toilet, urinal, and sink suitable for use by disabled persons as required by the Americans With Disabilities Act and Title 24 of the California Code of Regulations. The single restroom shall be equipped with a locking mechanism to be operated by the user of the restroom and the restroom shall be maintained in a clean and sanitary manner. (3) This subdivision does not apply to service stations that are operational prior to January 1, 1990, and that would be obligated to construct permanent restroom facilities to comply with this subdivision. (4) For the purposes of this subdivision, “customer” means a person who purchases any product available for sale on the premises of the service station, including items not related to the repairing or servicing of a motor vehicle. (c) Every service station in this state shall display, at a conspicuous place on, at, or near the dispensing apparatus or at or near the point of sale, at least one clearly visible sign showing a list of applicable state and federal fuel taxes per gallon of motor vehicle fuel sold from the dispensing apparatus. The sign may display the federal excise tax rate as “up to $.184.” (d) (1) The Division of Measurement Standards of the Department of Food and Agriculture shall, no later than January 1, 2001, establish a toll-free customer complaint telephone number. The toll-free telephone number thereby established shall be printed on the sign required pursuant to paragraph (2) of subdivision (a). (2) Notwithstanding any other provision of law, employees of the Division of Measurement Standards, upon inspection, or upon notice of a complaint forwarded pursuant to this section, are empowered to investigate a complaint against a service station for lack of free air and water and issue a citation to the station, and to collect a fine of two hundred fifty dollars ($250) per valid complaint, unless the citation is challenged in court. No citation shall be issued if the air and water equipment is in good working order upon initial inspection, or if they are repaired to the satisfaction of the inspecting entity within 10 working days of the initial inspection. In addition, no citation based on nonfunctional air and water equipment shall be issued if the service station can establish that the equipment has been the target of repeated vandalism, substantiated by three or more police reports within six months detailing the vandalism. (Amended by Stats. 2003, Ch. 63, Sec. 2. Effective January 1, 2004.)
  82. 13652.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. )

    Verify source ↗

    Intentional violations of this chapter or its regulations are infractions punishable by up to $50 per day, but a person who fixes the violation within 7 days after notice from specified public prosecutors is not guilty of that infraction.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. ) ## 13652. (a) Any person who intentionally violates any provision of this chapter or any regulation promulgated pursuant thereto is guilty of an infraction, and, upon conviction, shall be punished by a fine not to exceed fifty dollars ($50) for each day that the person violates the provision or regulation. (b) The failure of an owner or manager of a service station to have adequate water and air facilities available for use by the public, or to provide permanent public restrooms for use by its customers, as required by subdivision (b) of Section 13651, for five consecutive working days, constitutes a rebuttable presumption affecting the burden of proof that the owner or manager has intentionally violated this chapter. This subdivision does not apply to restrooms rendered inoperable as a result of vandalism or plumbing problems that may not be readily repaired. (c) Notwithstanding any other provision of this chapter, no person shall be guilty of the infraction specified in subdivision (a) if that person, within seven days after receiving notification from the city attorney, district attorney, or Attorney General of any violation of this chapter, makes whatever changes are necessary to comply with the requirements of this chapter. (Amended by Stats. 1989, Ch. 491, Sec. 2.)
  83. 13653.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. )

    Verify source ↗

    The chapter may be enforced by the city attorney, district attorney, or Attorney General.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. ) ## 13653. Notwithstanding any other provision of law, this chapter may be enforced by the city attorney, district attorney, or Attorney General. (Added by Stats. 1984, Ch. 1561, Sec. 1.)
  84. 13660.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. )

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    Service stations must give refueling service to disabled drivers on request, charge no more than the normal public fuel price, and post required notices unless an exemption applies.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 14.5. Service Stations [13650 - 13660] ( Chapter 14.5 added by Stats. 1984, Ch. 1561, Sec. 1. ) ## 13660. (a) Every person, firm, partnership, association, trustee, or corporation that operates a service station shall provide, upon request, refueling service to a disabled driver of a vehicle that displays a disabled person’s plate or placard, or a disabled veteran’s plate, issued by the Department of Motor Vehicles. The price charged for the motor vehicle fuel shall be no greater than that which the station otherwise would charge the public generally to purchase motor vehicle fuel without refueling service. (b) Any person or entity specified in subdivision (a) that operates a service station shall be exempt from this section during hours when: (1) Only one employee is on duty. (2) Only two employees are on duty, one of whom is assigned exclusively to the preparation of food. As used in this subdivision, the term “employee” does not include a person employed by an unrelated business that is not owned or operated by the entity offering motor vehicle fuel for sale to the general public. (c) (1) Every person, firm, partnership, association, trustee, or corporation required to provide refueling service for persons with disabilities pursuant to this section shall post the following notice, or a notice with substantially similar language, in a manner and single location that is conspicuous to a driver seeking refueling service: ## “Service to Disabled Persons Disabled individuals properly displaying a disabled person’s plate or placard, or a disabled veteran’s plate, issued by the Department of Motor Vehicles, are entitled to request and receive refueling service at this service station for which they may not be charged more than the self-service price.” (2) If refueling service is limited to certain hours pursuant to an exemption set forth in subdivision (b), the notice required by paragraph (1) shall also specify the hours during which refueling service for persons with disabilities is available. (3) Every person, firm, partnership, association, trustee, or corporation that, consistent with subdivision (b), does not provide refueling service for persons with disabilities during any hours of operation shall post the following notice in a manner and single location that is conspicuous to a driver seeking refueling service: ## “No Service for Disabled Persons This service station does not provide refueling service for disabled individuals.” (4) The signs required by paragraphs (1) and (3) shall also include a statement indicating that drivers seeking information about enforcement of laws related to refueling services for persons with disabilities may call one or more toll-free telephone numbers specified and maintained by the Department of Rehabilitation. By January 31, 1999, the Director of the Department of Rehabilitation shall notify the State Board of Equalization of the toll-free telephone number or numbers to be included on the signs required by this subdivision. At least one of these toll-free telephone numbers shall be accessible to persons using telephone devices for the deaf. The State Board of Equalization shall publish information regarding the toll-free telephone numbers as part of its annual notification required by subdivision (i). In the event that the toll-free telephone number or numbers change, the Director of the Department of Rehabilitation shall notify the State Board of Equalization of the new toll-free telephone number or numbers to be used. (d) During the county sealer’s normal petroleum product inspection of a service station, the sealer shall verify that a sign has been posted in accordance with subdivision (c). If a sign has not been posted, the sealer shall issue a notice of violation to the owner or agent. The sealer shall be reimbursed, as prescribed by the department, from funds provided under Chapter 14. If substantial, repeated violations of subdivision (c) are noted at the same service station, the sealer shall refer the matter to the appropriate local law enforcement agency. (e) The local law enforcement agency shall, upon the verified complaint of any person or public agency, investigate the actions of any person, firm, partnership, association, trustee, or corporation alleged to have violated this section. If the local law enforcement agency determines that there has been a denial of service in violation of this section, or a substantial or repeated failure to comply with subdivision (c), the agency shall levy the fine prescribed in subdivision (f). (f) Any person who, as a responsible managing individual setting service policy of a service station, or as an employee acting independently against the set service policy, acts in violation of this section is guilty of an infraction punishable by a fine of one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense, and five hundred dollars ($500) for each subsequent offense. (g) In addition to those matters referred pursuant to subdivision (e), the city attorney, the district attorney, or the Attorney General, upon his or her own motion, may investigate and prosecute alleged violations of this section. Any person or public agency may also file a verified complaint alleging violation of this section with the city attorney, district attorney, or Attorney General. (h) Enforcement of this section may be initiated by any intended beneficiary of the provisions of this section, his or her representatives, or any public agency that exercises oversight over the service station, and the action shall be governed by Section 1021.5 of the Code of Civil Procedure. (i) An annual notice setting forth the provisions of this section shall be provided by the State Board of Equalization to every person, firm, partnership, association, trustee, or corporation that operates a service station. (j) A notice setting forth the provisions of this section shall be printed on each disabled person’s placard issued by the Department of Motor Vehicles on and after January 1, 1999. A notice setting forth the provisions of this section shall be provided to each person issued a disabled person’s or disabled veteran’s plate on and after January 1, 1998. (k) For the purposes of this action “refueling service” means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle. (Amended by Stats. 1998, Ch. 879, Sec. 26.4. Effective January 1, 1999.)
  85. 137.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    An agency in the department may issue regulations requiring licensees to include their license numbers in advertising and similar public promotions.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 137. Any agency within the department may promulgate regulations requiring licensees to include their license numbers in any advertising, soliciting, or other presentments to the public. However, nothing in this section shall be construed to authorize regulation of any person not a licensee who engages in advertising, solicitation, or who makes any other presentment to the public on behalf of a licensee. Such a person shall incur no liability pursuant to this section for communicating in any advertising, soliciting, or other presentment to the public a licensee’s license number exactly as provided by the licensee or for failure to communicate such number if none is provided by the licensee. (Amended by Stats. 2019, Ch. 351, Sec. 35. (AB 496) Effective January 1, 2020.)
  86. 13700.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 1. General Provisions [13700 - 13702] ( Article 1 added by Stats. 1984, Ch. 698, Sec. 10. )

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    This section defines key terms used in the automotive products chapter.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 1. General Provisions [13700 - 13702] ( Article 1 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13700. For purposes of this chapter, the following terms mean the following: (a) “Automotive product” means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid. (b) “Transmission fluid” means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308. (c) “Brake fluid” means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways. (d) “Carton” means the package or wrapping in which a number of containers are shipped or stored. (e) “Container” means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck. (f) “Diesel exhaust fluid” or “DEF” means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF. (g) “Engine coolant” or “antifreeze” means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine. (h) “Label” means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter. (i) “Prediluted engine coolant” or “prediluted antifreeze” means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system. (j) “Principal display panel” means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase. (Amended by Stats. 2015, Ch. 591, Sec. 51. (AB 808) Effective January 1, 2016.)
  87. 13701.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 1. General Provisions [13700 - 13702] ( Article 1 added by Stats. 1984, Ch. 698, Sec. 10. )

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    Additives for automatic transmission fluids must be compatible with the fluid they are mixed into, and the mixture must meet the department’s minimum specifications.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 1. General Provisions [13700 - 13702] ( Article 1 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13701. Any material offered for sale or sold as an additive to automatic transmission fluids shall be compatible with the automatic transmission fluid to which it is added, and the resulting mixture shall not fall below the minimum specifications for automatic transmission fluids, as established by the department. (Added by renumbering Section 13707 by Stats. 1992, Ch. 322, Sec. 9. Effective January 1, 1993.)
  88. 13702.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 1. General Provisions [13700 - 13702] ( Article 1 added by Stats. 1984, Ch. 698, Sec. 10. )

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    Words and letters required on a container under this chapter must be displayed in legible type.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 1. General Provisions [13700 - 13702] ( Article 1 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13702. Any words and letters required to be displayed on a container by this chapter shall be in legible type. (Added by renumbering Section 13708 by Stats. 1992, Ch. 322, Sec. 10. Effective January 1, 1993.)
  89. 13710.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. )

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    The department must set specifications for certain engine coolants, antifreeze, and brake fluid, and manufacturers or packagers must provide label-claim documentation on request.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles. (2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. 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. (3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use. (b) Transmission fluid shall meet the latest automotive manufacturers’ recommended requirements for all transmissions disclosed on the label of its container. No transmission fluid shall be sold without clearly disclosing, on the label of its container, the type of transmission for which it is intended. (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. (Amended by Stats. 2015, Ch. 591, Sec. 52. (AB 808) Effective January 1, 2016.)
  90. 13711.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. )

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    This section says certain engine coolants, antifreeze, transmission fluid, and brake fluid are mislabeled unless their containers meet specific labeling rules. It also gives the secretary power to set the retail method of sale for diesel exhaust fluid, and allows the sealer to sample and order nonconforming containers off sale.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 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 or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin 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 least1/8 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 or glycerin and the container does not bear a statement on the label not to use an ethylene glycol hydrometer concentration tester for propylene glycol or glycerin 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) “Transmission fluid” is 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 “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. (4) The container and carton do not bear information that identifies the container lot or batch. (d) Brake fluid is mislabeled if any of the following occurs: (1) The container does not bear a label that 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. (e) The secretary shall establish the method of sale of diesel exhaust fluid sold at retail to the public. In doing so, the secretary shall adopt, by reference, the latest method of sale for diesel exhaust fluid adopted by the National Council on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130 “Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality,” except as specifically modified, amended, or rejected by regulation adopted by the secretary. (f) 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 sealer may take one or more 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. (Amended by Stats. 2025, Ch. 592, Sec. 32. (SB 861) Effective January 1, 2026.)
  91. 13712.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. )

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    Brake fluid receptacles and dispensing devices are generally exempt from this chapter’s container labeling rules, but must still show the contents as “DOT____Motor Vehicle Brake Fluid” with the correct identification number, and the smallest letters and numerals must be at least one-eighth inch high.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 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. (Repealed and added by Stats. 1984, Ch. 698, Sec. 10.)
  92. 13713.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. )

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    A product covered by this chapter is adulterated if its characteristics are below department-set minimum standards.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 2. Specifications and Labeling [13710 - 13713] ( Article 2 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 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. (Added by renumbering Section 13706 by Stats. 1992, Ch. 322, Sec. 8. Effective January 1, 1993.)
  93. 13720.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 3. Container Requirements [13720- 13720.] ( Article 3 added by Stats. 1984, Ch. 698, Sec. 10. )

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    Brake fluid containers of six fluid ounces or more must have a resealable closure with an inner seal impervious to the brake fluid, plus a tamper-proof feature that changes when first opened.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 3. Container Requirements [13720- 13720.] ( Article 3 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13720. Each brake fluid container with a capacity of six fluid ounces or more shall be provided with a resealable closure that has an inner seal impervious to the packaged brake fluid. The container closure shall include a tamper-proof feature that will either be destroyed or substantially altered when the container closure is initially opened. (Added by Stats. 1984, Ch. 698, Sec. 10.)
  94. 13730.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 4. Enforcement of the Chapter [13730 - 13731] ( Article 4 added by Stats. 1984, Ch. 698, Sec. 10. )

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    The department and each county sealer must enforce this chapter and may inspect, test, and sample covered products. The department’s agents also have free access to certain premises and may open containers and take samples by legal means during business hours.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 4. Enforcement of the Chapter [13730 - 13731] ( Article 4 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13730. The department and each county sealer shall enforce the provisions of this chapter, and may sample, inspect, analyze, and test any product referred to in this chapter manufactured, packed, stored, sold, or distributed within this state. The department, through its agents, has free access by all legal means during business hours to all premises, buildings, vehicles, cars, and vessels used in the manufacture, packing, storage, sale, or transportation of, and may, by legal means, open any box, carton, parcel, or container of, any product referred to in this chapter and take therefrom samples for analysis or for evidence. (Added by Stats. 1984, Ch. 698, Sec. 10.)
  95. 13731.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 4. Enforcement of the Chapter [13730 - 13731] ( Article 4 added by Stats. 1984, Ch. 698, Sec. 10. )

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    The department and each county sealer may order off-sale of adulterated or mislabeled products covered by this chapter, and the order must be given in writing to the retail seller and the distributor or manufacturer.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 4. Enforcement of the Chapter [13730 - 13731] ( Article 4 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13731. The department and each county sealer is authorized to order off-sale any product referred to in this chapter which is adulterated or mislabeled. The off-sale order shall be given in writing to the retail seller and the distributor or manufacturer of the product. (Added by Stats. 1984, Ch. 698, Sec. 10.)
  96. 13740.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 5. Unlawful Acts [13740 - 13741] ( Article 5 added by Stats. 1984, Ch. 698, Sec. 10. )

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    It is unlawful to sell or distribute a chapter-covered product if it is adulterated or mislabeled.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 5. Unlawful Acts [13740 - 13741] ( Article 5 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13740. It is unlawful to sell or distribute any product referred to in this chapter which is adulterated or mislabeled. (Added by Stats. 1984, Ch. 698, Sec. 10.)
  97. 13741.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 5. Unlawful Acts [13740 - 13741] ( Article 5 added by Stats. 1984, Ch. 698, Sec. 10. )

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    It is unlawful to make deceptive, false, or misleading statements about a commodity’s quality, quantity, performance, price, discount, or saving, and manufacturers or packagers must provide label-claim documentation to the department on request.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 15. Automotive Products [13700 - 13741] ( Chapter 15 repealed and added by Stats. 1984, Ch. 698, Sec. 10. ) ## ARTICLE 5. Unlawful Acts [13740 - 13741] ( Article 5 added by Stats. 1984, Ch. 698, Sec. 10. ) ## 13741. (a) It is unlawful for any person or other legal entity to make any deceptive, false, or misleading statement by any means whatever regarding quality, quantity, performance, price, discount, or saving in the sale or selling of any commodity regulated pursuant to this chapter. (b) Any manufacturer or packager of any product subject to this chapter and sold in this state shall provide, upon request, to a duly authorized representative of the department documentation of any claim made on his or her product’s label. (Amended by Stats. 2015, Ch. 591, Sec. 54. (AB 808) Effective January 1, 2016.)
  98. 138.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Boards in the department must start adopting regulations by June 30, 1999, to require their licensees to tell clients or customers that the practitioner is licensed by the state.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 138. Every board in the department, as defined in Section 22, shall initiate the process of adopting regulations on or before June 30, 1999, to require its licensees, as defined in Section 23.8, to provide notice to their clients or customers that the practitioner is licensed by this state. A board shall be exempt from the requirement to adopt regulations pursuant to this section if the board has in place, in statute or regulation, a requirement that provides for consumer notice of a practitioner’s status as a licensee of this state. (Amended by Stats. 2019, Ch. 351, Sec. 36. (AB 496) Effective January 1, 2020.)
  99. 13800.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 16. Rental Vehicles [13800- 13800.] ( Chapter 16 added by Stats. 2007, Ch. 667, Sec. 1. )

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    A rental company may use the vehicle’s manufacturer-installed fuel gauge to calculate an optional fueling charge, and it may also offer additional fueling options.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 16. Rental Vehicles [13800- 13800.] ( Chapter 16 added by Stats. 2007, Ch. 667, Sec. 1. ) ## 13800. (a) Notwithstanding any other provision of this division, a rental vehicle’s fuel gauge installed by the vehicle’s manufacturer may be used in a rental transaction by a rental company to calculate an optional charge for fueling when any of the following occurs: (1) The customer could have avoided incurring the charge by returning the rental vehicle with the same amount of fuel as was in the fuel tank at the commencement of the rental. (2) The customer chose to purchase the amount of fuel inside the fuel tank at the commencement of the rental. (b) Nothing in this section shall be interpreted to preclude a rental company from offering additional fueling options to customers besides those described in subdivision (a). (Added by Stats. 2007, Ch. 667, Sec. 1. Effective January 1, 2008.)
  100. 139.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The department must develop and distribute a policy on examination development, validation, and occupational analysis, and affected boards and bureaus must submit their periodic evaluation methods to the director.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 139. (a) The Legislature finds and declares that occupational analyses and examination validation studies are fundamental components of licensure programs. It is the intent of the Legislature that the policy developed by the department pursuant to subdivision (b) be used by the fiscal, policy, and sunset review committees of the Legislature in their annual reviews of these boards, programs, and bureaus. (b) Notwithstanding any other provision of law, the department shall develop, in consultation with the boards, programs, bureaus, and divisions under its jurisdiction, and the Osteopathic Medical Board of California and the State Board of Chiropractic Examiners, a policy regarding examination development and validation, and occupational analysis. The department shall finalize and distribute this policy by September 30, 1999, to each of the boards, programs, bureaus, and divisions under its jurisdiction and to the Osteopathic Medical Board of California and the State Board of Chiropractic Examiners. This policy shall be submitted in draft form at least 30 days prior to that date to the appropriate fiscal, policy, and sunset review committees of the Legislature for review. This policy shall address, but shall not be limited to, the following issues: (1) An appropriate schedule for examination validation and occupational analyses, and circumstances under which more frequent reviews are appropriate. (2) Minimum requirements for psychometrically sound examination validation, examination development, and occupational analyses, including standards for sufficient number of test items. (3) Standards for review of state and national examinations. (4) Setting of passing standards. (5) Appropriate funding sources for examination validations and occupational analyses. (6) Conditions under which boards, programs, and bureaus should use internal and external entities to conduct these reviews. (7) Standards for determining appropriate costs of reviews of different types of examinations, measured in terms of hours required. (8) Conditions under which it is appropriate to fund permanent and limited term positions within a board, program, or bureau to manage these reviews. (c) Every regulatory board and bureau, as defined in Section 22, and every program and bureau administered by the department, the Osteopathic Medical Board of California, and the State Board of Chiropractic Examiners, shall submit to the director on or before December 1, 1999, and on or before December 1 of each subsequent year, its method for ensuring that every licensing examination administered by or pursuant to contract with the board is subject to periodic evaluation. The evaluation shall include (1) a description of the occupational analysis serving as the basis for the examination; (2) sufficient item analysis data to permit a psychometric evaluation of the items; (3) an assessment of the appropriateness of prerequisites for admittance to the examination; and (4) an estimate of the costs and personnel required to perform these functions. The evaluation shall be revised and a new evaluation submitted to the director whenever, in the judgment of the board, program, or bureau, there is a substantial change in the examination or the prerequisites for admittance to the examination. (d) The evaluation may be conducted by the board, program, or bureau, the Office of Professional Examination Services of the department, the Osteopathic Medical Board of California, or the State Board of Chiropractic Examiners or pursuant to a contract with a qualified private testing firm. A board, program, or bureau that provides for development or administration of a licensing examination pursuant to contract with a public or private entity may rely on an occupational analysis or item analysis conducted by that entity. The department shall compile this information, along with a schedule specifying when examination validations and occupational analyses shall be performed, and submit it to the appropriate fiscal, policy, and sunset review committees of the Legislature by September 30 of each year. It is the intent of the Legislature that the method specified in this report be consistent with the policy developed by the department pursuant to subdivision (b). (Amended by Stats. 2009, Ch. 307, Sec. 1. (SB 821) Effective January 1, 2010.)
  101. 139.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Licensed boards in the department must post certain license-processing time information on their websites at least quarterly, starting July 1, 2021.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 139.5. Beginning July 1, 2021, each board, as defined in Section 22, within the department that issues a license shall do both of the following on at least a quarterly basis: (a) Prominently display on its internet website one of the following: (1) The current average timeframes for processing initial and renewal license applications. (2) The combined current average timeframe for processing both initial and renewal license applications. (b) Prominently display on its internet website one of the following: (1) The current average timeframes for processing each license type that the board administers. (2) The combined current average timeframe for processing all license types that the board administers. (Added by Stats. 2020, Ch. 131, Sec. 1. (SB 878) Effective January 1, 2021.)
  102. 14.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    This section gives interpretation rules: present tense covers past and future, future tense covers present, and each gender includes the other two genders.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 14. The present tense includes the past and future tenses; and the future, the present. Each gender includes the other two genders. (Amended by Stats. 1939, Ch. 30.)
  103. 14.1.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    The Legislature says that, where appropriate, "man" or "men" should be understood as "person" or "persons."

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 14.1. The Legislature hereby declares its intent that the terms “man” or “men” where appropriate shall be deemed “person” or “persons” and any references to the terms “man” or “men” in sections of this code be changed to “person” or “persons” when such code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law. (Added by Stats. 1976, Ch. 1171.)
  104. 14.2.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    “Spouse” includes a registered domestic partner, as required by the Family Code.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 14.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 1. (SB 1005) Effective January 1, 2017.)
  105. 140.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A licensee must keep certain cash-transaction wage records for at least three years and make them available to an authorized board representative; the board may discipline, assess up to $2,500 in investigative costs, and revoke the license if those costs are not paid.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 140. Any board, as defined in Section 22, which is authorized under this code to take disciplinary action against a person who holds a license may take disciplinary action upon the ground that the licensee has failed to record and preserve for not less than three years, any and all cash transactions involved in the payment of employee wages by a licensee. Failure to make these records available to an authorized representative of the board may be made grounds for disciplinary action. In any action brought and sustained by the board which involves a violation of this section and any regulation adopted thereto, the board may assess the licensee with the actual investigative costs incurred, not to exceed two thousand five hundred dollars ($2,500). Failure to pay those costs may result in revocation of the license. Any moneys collected pursuant to this section shall be deposited in the respective fund of the board. (Added by Stats. 1984, Ch. 1490, Sec. 2. Effective September 27, 1984.)
  106. 141.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A licensing board may discipline a licensee based on disciplinary action taken by another state, a federal agency, or another country if the conduct is substantially related to the California practice.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 141. (a) For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be a ground for disciplinary action by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal government, or another country shall be conclusive evidence of the events related therein. (b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licensing act administered by that board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency of the federal government, or another country. (Added by Stats. 1994, Ch. 1275, Sec. 2. Effective January 1, 1995.)
  107. 14100.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. )

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    This section defines a business’s “good will” as the expectation of continued public patronage.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. ) ## 14100. The “good will” of a business is the expectation of continued public patronage. (Added by Stats. 1941, Ch. 57.)
  108. 14101.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. )

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    A business’s goodwill does not include a right to use the name of the person from whom the business was bought.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. ) ## 14101. The good will of a business does not include a right to use the name of any person from whom the business was acquired. (Added by Stats. 1941, Ch. 57.)
  109. 14102.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. )

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    The good will of a business is property and can be transferred.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. ) ## 14102. The good will of a business is property and is transferable. (Added by Stats. 1941, Ch. 57.)
  110. 14103.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. )

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    A person transferring the good will of a business may also transfer the right to use the business name.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 1. Good Will [14100 - 14103] ( Chapter 1 added by Stats. 1941, Ch. 57. ) ## 14103. The person transferring the good will of a business may transfer with it the right of using the name under which the business is conducted. (Added by Stats. 1941, Ch. 57.)
  111. 142.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    This section lets covered bureaus and programs synchronize license renewal dates, requires fee adjustments so applicants are not over- or undercharged, sets a 12-month abandonment date for incomplete returned applications, and imposes a delinquency, penalty, or late fee if renewal fees are not postmarked by the renewal expiration date.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 142. This section shall apply to the bureaus and programs under the direct authority of the director, and to any board that, with the prior approval of the director, elects to have the department administer one or more of the licensing services set forth in this section. (a) Notwithstanding any other provision of law, each bureau and program may synchronize the renewal dates of licenses granted to applicants with more than one license issued by the bureau or program. To the extent practicable, fees shall be prorated or adjusted so that no applicant shall be required to pay a greater or lesser fee than he or she would have been required to pay if the change in renewal dates had not occurred. (b) Notwithstanding any other provision of law, the abandonment date for an application that has been returned to the applicant as incomplete shall be 12 months from the date of returning the application. (c) Notwithstanding any other provision of law, a delinquency, penalty, or late fee shall be assessed if the renewal fee is not postmarked by the renewal expiration date. (Added by Stats. 1998, Ch. 970, Sec. 2. Effective January 1, 1999.)
  112. 14200.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 1. General Provisions [14200 - 14202] ( Article 1 added by Stats. 2007, Ch. 711, Sec. 2. )

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    This chapter can be called the Model State Trademark Law and may be cited that way.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 1. General Provisions [14200 - 14202] ( Article 1 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14200. This chapter shall be known and may be cited as the Model State Trademark Law. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  113. 14202.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 1. General Provisions [14200 - 14202] ( Article 1 added by Stats. 2007, Ch. 711, Sec. 2. )

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    This section defines key trademark-law terms such as trademark, service mark, use, abandoned, and secretary.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 1. General Provisions [14200 - 14202] ( Article 1 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14202. For the purposes of this chapter, the following terms have the following meanings: (a) “Trademark” means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of that person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown. (b) “Service mark” means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of that person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor. (c) “Mark” includes any trademark or service mark entitled to registration under this chapter, whether registered or not. (d) “Trade name” means any name used by a person to identify a business or vocation of that person. (e) The term “person” and any other word or term used to designate the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this chapter includes a juristic person as well as a natural person. The term “juristic person” includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law. (f) “Applicant” means the person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of the person. (g) “Registrant” means the person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors, or assigns of the person. (h) “Use” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use if it is used on either of the following: (1) On goods when it is placed in any manner on the goods or other containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes that placement impracticable, then on documents associated with the goods or their sale, and the goods are sold or transported in commerce in this state. (2) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state. (i) “Abandoned” means either of the following has occurred: (1) A mark’s use has been discontinued with intent not to resume that use. Intent not to resume the use may be inferred from circumstances. Nonuse for two consecutive years shall constitute prima facie evidence of abandonment. (2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark. (j) “Secretary” means the Secretary of State or the designee of the Secretary of State charged with the administration of this chapter. (k) “Dilution” means dilution by blurring or dilution by tarnishment, regardless of the presence or absence of any of the following: (1) Competition between the owner of the famous mark and other parties. (2) Actual or likely confusion, mistake, or deception. (3) Actual economic injury. (l) “Dilution by blurring” means association arising from the similarity between a mark or a trade name and a famous mark that impairs the distinctiveness of the famous mark. (m) “Dilution by tarnishment” means association arising from the similarity between a mark or a trade name and a famous mark that harms the reputation of the famous mark. (n) “Counterfeit” means a spurious trademark, service mark, collective mark, or certification mark that is identical to, or substantially indistinguishable from, a registered mark that is used on or in connection with goods or services or any labels or packaging or components. (o) “Comparative commercial advertising” means the use of a competitor’s trademark in advertising to compare the relative qualities of the competitive goods. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  114. 14205.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 2. Application for Registration [14205 - 14209] ( Article 2 added by Stats. 2007, Ch. 711, Sec. 2. )

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    A mark may not be registered if it is immoral, deceptive, scandalous, misleading, confusingly similar to an existing mark, or falls within the listed protected-symbol and name categories.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 2. Application for Registration [14205 - 14209] ( Article 2 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14205. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it meets any of the following criteria: (a) It consists of or comprises immoral, deceptive, or scandalous matter. (b) It consists of or comprises matter that may disparage or falsely suggest a connection with persons living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute. (c) It consists of or comprises the flag or coat of arms or other insignia of the United States of America, of any state or municipality, or of any foreign nation, or any simulation thereof. (d) It consists of or comprises the name, signature, or a portrait identifying a particular living individual, except by the individual’s written consent. (e) It consists of a mark that is any of the following: (1) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them. (2) When used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them. (3) Is primarily merely a surname, provided, however, that nothing in this paragraph shall prevent the registration of a mark used by the applicant that has become distinctive of the applicant’s goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant’s goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five years before the date on which the claim of distinctiveness is made. (f) It consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake, or to deceive. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  115. 14207.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 2. Application for Registration [14205 - 14209] ( Article 2 added by Stats. 2007, Ch. 711, Sec. 2. )

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    A person who uses a mark may apply to the secretary for registration, but the application must include specified information and attachments.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 2. Application for Registration [14205 - 14209] ( Article 2 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14207. (a) Subject to the limitations set forth in this chapter, a person who uses a mark may file with the secretary, on a form prescribed by the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (1) The name and business address of the person applying for the registration and, if that person is a corporation or partnership, the state of incorporation or the state in which the partnership is organized and the names of the general partners, as specified by the secretary. (2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with the goods or services, and the class in which the goods or services fall. (3) The date on which the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest. (4) A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered in this state or has the right to use the mark, either in the identical form or in such near resemblance as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to deceive. (b) The secretary may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest with the United States Patent and Trademark Office and, if so, the applicant shall provide full particulars with respect thereto, including the filing date and serial number of each application, the status thereof, and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for the refusal or result. (c) The secretary may also require that a drawing of the mark, complying with requirements specified by the secretary, accompany the application. (d) The application shall include a declaration of accuracy signed by the applicant, by a member of the firm or an officer of the corporation or association making application, or by a general partner of the partnership making application. If the person signing the declaration willfully states as true in the declaration a material fact that he or she knows to be false, he or she shall be subject to a civil penalty of not more than ten thousand dollars ($10,000). An action for that penalty may be brought by a public prosecutor. The person signing the declaration shall be informed of this penalty in writing. (e) The application shall be accompanied by three specimens showing the mark as actually used. (f) The application shall be accompanied by the application fee payable to the secretary as set forth in subdivision (a) of Section 12193 of the Government Code. (g) If the mark or any part of the mark is in any language other than English, the application shall be accompanied by a certified translation in English. (Amended by Stats. 2008, Ch. 179, Sec. 20. Effective January 1, 2009.)
  116. 14209.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 2. Application for Registration [14205 - 14209] ( Article 2 added by Stats. 2007, Ch. 711, Sec. 2. )

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    This section lets the secretary review trademark applications, require extra information or amendments, and set filing priority; it also gives applicants a chance to respond before final refusal or abandonment.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 2. Application for Registration [14205 - 14209] ( Article 2 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14209. (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter. (b) The applicant shall provide any additional pertinent information requested by the secretary, including a description of a design mark, and may make, or authorize the secretary to make, amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable in order to respond to any rejection or objection. (c) The secretary may require the applicant to disclaim an unregisterable component of an otherwise registerable mark, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant’s or registrant’s rights, then existing or thereafter arising, in the disclaimed matter, or the applicant’s or registrant’s rights of registration on another application if the disclaimed matter is or has become distinctive of the applicant’s or registrant’s goods or services. (d) The secretary may make amendments to the application submitted by the applicant upon the applicant’s agreement, or may require the submission of a new application. (e) If an applicant is found not to be entitled to registration, the secretary shall so advise the applicant and shall advise the applicant of the reasons. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall be reexamined. This procedure may be repeated until the secretary finally refuses registration of the mark or the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned. (f) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel registration. A writ may be granted, but without costs to the secretary, on proof that all statements in the application are true and that the mark is otherwise entitled to registration. (g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in the order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of Section 14230. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  117. 14215.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 3. Certificate of Registration [14215 - 14217] ( Article 3 added by Stats. 2007, Ch. 711, Sec. 2. )

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    If the applicant complies with this chapter, the secretary must issue and deliver a certificate of registration to the applicant.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 3. Certificate of Registration [14215 - 14217] ( Article 3 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14215. (a) Upon compliance by the applicant with the requirements of this chapter, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of the state, and shall show the following information: (1) The name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark. (2) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state. (3) The class of goods or services and a description of the goods or services on or in connection with which the mark is used. (4) A reproduction of the mark. (5) The registration date and the term of the registration of the mark. (b) Any certificate of registration issued by the secretary under the provisions of this chapter or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceeding in any court of this state. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  118. 14217.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 3. Certificate of Registration [14215 - 14217] ( Article 3 added by Stats. 2007, Ch. 711, Sec. 2. )

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    A mark registration lasts five years, can be renewed for another five-year term, and renewal applications must include a verified statement and specimen of use.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 3. Certificate of Registration [14215 - 14217] ( Article 3 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14217. (a) A registration of mark pursuant to this chapter shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of the term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration as set forth in subdivision (c) of Section 12193 of the Government Code. (b) A registration may be renewed for successive periods of five years in like manner. (c) Any registration in force on January 1, 2008, shall continue in full force and effect for the unexpired term thereof, and may be renewed by filing an application for renewal with the secretary that complies with the requirements of the secretary and payment of the renewal fee within the six months prior to the expiration of the registration. (d) All applications for renewal under this chapter, whether of registrations made under this chapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and shall include a specimen showing actual use of the mark on, or in connection with, the goods or services with which the mark is associated. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  119. 14220.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 4. Assignments, Changes of Name, and Other Instruments [14220- 14220.] ( Article 4 added by Stats. 2007, Ch. 711, Sec. 2. )

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    This section governs assignment, recording, and related documents for trademark registrations and applications.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 4. Assignments, Changes of Name, and Other Instruments [14220- 14220.] ( Article 4 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14220. (a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instrument in writing duly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary as set forth in subdivision (b) of Section 12193 of the Government Code, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three months after the date thereof or prior to the subsequent purchase. (b) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may, on a form prescribed by the secretary, record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application or a new certificate or registration for the remainder of the term of the registration or last renewal thereof. (c) Other instruments that relate to a mark registered or application pending pursuant to this chapter, including, but not limited to, licenses, may be recorded at the discretion of the secretary, provided that the instrument is in writing and is duly executed. (d) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of the execution of an assignment. (e) A photocopy of any instrument referred to in subdivision (a), (b), or (c) shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original. (f) Neither this chapter nor the recordal of any instrument received by the secretary pursuant to this chapter shall have any effect, including, but not limited to, any effect relating to attachment, perfection, priority, or enforcement, on any security interest governed by Division 9 (commencing with Section 9101) of the Uniform Commercial Code. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  120. 14225.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 5. Records [14225- 14225.] ( Article 5 added by Stats. 2007, Ch. 711, Sec. 2. )

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    The secretary must keep public records of all marks registered or renewed under this chapter and of documents recorded under Section 14220.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 5. Records [14225- 14225.] ( Article 5 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14225. The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded pursuant to Section 14220. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  121. 14230.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 6. Cancellation [14230- 14230.] ( Article 6 added by Stats. 2007, Ch. 711, Sec. 2. )

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    The secretary must cancel certain trademark registrations from the register when specified grounds apply, and must give written notice if a filing-fee payment is returned unpaid.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 6. Cancellation [14230- 14230.] ( Article 6 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14230. The secretary shall cancel from the register, in whole or in part, any of the following: (a) Any registration concerning which the secretary receives a voluntary request for cancellation from the registrant or the assignee of record. (b) All registrations granted under this chapter and not renewed in accordance with the provisions of this chapter. (c) Any registration concerning a mark with regard to which a court of competent jurisdiction finds any of the following: (1) The registered mark has been abandoned. (2) The registrant is not the owner of the mark. (3) The registration was granted improperly. (4) The registration was obtained fraudulently. (5) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered. (6) The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned, as to be likely to cause confusion or mistake, or to deceive. However, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration hereunder shall not be canceled for that area of the state. (d) Cancellation of a registration ordered on any ground by a court of competent jurisdiction. (e) Any registration or renewal if a check or other remittance accepted in payment of the filing fee is not paid upon presentation. The secretary shall give written notice of the applicability of this subdivision to the registrant. Thereafter, 30 days shall be allowed from the date of the notification letter for payment by cashier’s check or the equivalent. (f) Within six months of the date of registration, any registration issued in error by the secretary that violates the requirements of subdivision (f) of Section 14205. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  122. 14235.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 7. Classification [14235- 14235.] ( Article 7 added by Stats. 2007, Ch. 711, Sec. 2. )

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    Goods and services classifications must match USPTO classifications, and the secretary may charge a fee for each class in a multi-class application.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 7. Classification [14235- 14235.] ( Article 7 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14235. The classification of goods and services shall conform to the classifications adopted by the United States Patent and Trademark Office. A single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services that fall within multiple classes, the secretary may require payment of a fee for each class. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  123. 14240.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 8. Fraudulent Registration [14240- 14240.] ( Article 8 added by Stats. 2007, Ch. 711, Sec. 2. )

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    A person who gets a mark filed or registered by knowingly false or fraudulent statements or other fraudulent means is liable for the damages caused.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 8. Fraudulent Registration [14240- 14240.] ( Article 8 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14240. Any person who, either for himself or herself or on behalf of another person, procures the filing or registration of any mark pursuant to this chapter by knowingly making any false or fraudulent representation or declaration, either orally or in writing, or by any other fraudulent means shall be liable to pay all damages sustained as a consequence of the filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  124. 14245.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. )

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    A person who uses or helps use a registered mark in a way likely to confuse or deceive can face a civil action by the mark owner. The section also limits remedies for some innocent infringers and excludes injunctive relief in one publication-delivery situation.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14245. (a) A person who does any of the following shall be subject to a civil action by the owner of the registered mark, and the remedies provided in Section 14250: (1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with the sale, distribution, offering for sale, or advertising of goods or services on or in connection with which the use is likely to cause confusion or mistake, or to deceive as to the source of origin of the goods or services. (2) Reproduces, counterfeits, copies, or colorably imitates the mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of goods or services. The registrant shall not be entitled under this paragraph to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake, or to deceive. (3) Knowingly facilitate, enable, or otherwise assist a person to manufacture, use, distribute, display, or sell goods or services bearing a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter, without the consent of the registrant. An action by a person is presumed to have been taken knowingly following delivery to that person by personal delivery, courier, or certified mail return receipt requested, of a written demand to cease and desist that is accompanied by all of the following: (A) A copy of the certificate of registration and of a claimed reproduction, counterfeit, copy, or colorable imitation of the registered mark. (B) A statement, made under penalty of perjury, by the owner of the registered mark, by an officer of the corporation that owns the registered mark, or by legal counsel for the owner of the registered mark, that includes all of the following: (i) The name or description of the infringer. (ii) The product or service and mark being or to be infringed. (iii) The dates of the infringement. (iv) Other reasonable information to assist the recipient to identify the infringer. (4) The presumption created by paragraph (3) does not affect the owner’s burden of showing that there was a violation of this chapter. (5) Paragraph (3) is applicable to a landlord or property owner who provides, rents, leases, or licenses the use of real property where goods or services bearing a reproduction, counterfeit, copy, or colorable imitation of a mark registered pursuant to this chapter are sold, offered for sale, or advertised, where the landlord or property owner had control of the property and knew, or had reason to know, of the infringing activity. (b) Notwithstanding any other provision of this chapter, the remedies given to the owner of the right infringed pursuant to this section are limited as follows: (1) If an infringer or violator is engaged solely in the business of printing the mark or violating matter for others and establishes that he or she was an innocent infringer or innocent violator, the owner of the right infringed is entitled only to an injunction against future printing of the mark by the innocent infringer or innocent violator. (2) If the infringement complained of is contained in, or is part of, paid advertising matter in a newspaper, magazine, or other similar periodical, or in an electronic communication as defined in subsection (12) of Section 2510 of Title 18 of the United States Code, the remedies of the owner of the right infringed against the publisher or distributor of the newspaper, magazine, or other similar periodical or electronic communication shall be confined to an injunction against the presentation of the advertising matter in future issues of the newspapers, magazines, or other similar periodicals or in further transmissions of the electronic communication. The limitation of this subdivision shall apply only to innocent infringers and innocent violators. (3) Injunctive relief is not available to the owner of the right infringed with respect to an issue of a newspaper, magazine, or other similar periodical or electronic communication containing infringing matter if restraining the dissemination of the infringing matter in a particular issue of the periodical or in an electronic communication would delay the delivery of the issue or transmission of the electronic communication after the regular time for delivery and the delay would be due to the method by which publication and distribution of the periodical or transmission of the electronic communication is customarily conducted in accordance with sound business practice, and not to a method or device adopted for the evasion of this section or to prevent or delay the issuance of an injunction or restraining order with respect to the infringing matter. (c) An innocent infringer or innocent violator is a person whose acts were committed without knowledge that the mark was intended to be used to cause confusion, mistake, or to deceive. (Amended by Stats. 2008, Ch. 179, Sec. 21. Effective January 1, 2009.)
  125. 14247.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. )

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    An owner of a famous, distinctive mark may get an injunction and other relief against later commercial use that is likely to dilute the mark, subject to equity and stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14247. (a) Subject to the principles of equity, an owner of a mark that is famous and distinctive, whether inherently or through acquired distinctiveness, shall be entitled to an injunction against another person’s commercial use of a mark or trade name, if such use begins after the mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section. For purposes of this subdivision, a mark is famous if it is widely recognized by the general consuming public of this state, or by a geographic area of this state, as a designation of source of the goods or services of the mark’s owner. In determining whether a mark is famous, a court may consider factors including, but not limited to, all of the following: (1) The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties. (2) The amount, volume, and geographic extent of sales in this state of goods or services offered under the mark. (3) The extent of actual recognition of the mark in this state. (4) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register under the Trademark Act of 1946 (15 U.S.C. Sec. 1051 et seq.), as amended. (b) In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom injunctive relief is sought willfully intended to cause dilution of the famous mark, the owner shall also be entitled to the remedies set forth in Section 14250, subject to the discretion of the court and the principles of equity. The following shall not be actionable under this section: (1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with either of the following: (A) Advertising or promotion that permits consumers to compare goods or services. (B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner. (2) Noncommercial use of the mark. (3) All forms of news reporting and news commentary. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  126. 14250.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. )

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    This section lets a trademark owner sue to stop counterfeit use of the mark and lets the court order seizure, destruction, or transfer of counterfeit goods and related items.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14250. (a) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits thereof and any court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be deemed just and reasonable, and shall require the defendants to pay to the owner up to three times their profits from, and up to three times all damages suffered by reason of, the wrongful manufacture, use, display, or sale. If, in any action brought under this section, the court determines that any goods in the possession of or services offered by a defendant bear or consist of a counterfeit mark, the court shall order the destruction of any goods, labels, packaging or any components bearing the counterfeit mark and all instrumentalities used in the production of the counterfeit goods, including, but not limited to, any items, objects, tools, machines or equipment or, after obliteration of the counterfeit mark, the court may dispose of those materials by ordering their transfer to the state, a civil claimant, an eleemosynary institution, or any appropriate private person other than the person from whom the materials were obtained. (b) The court, upon motion or ex parte application by a plaintiff in a suit to enjoin the manufacture, use, display, or sale of counterfeits, may order seizure of any goods, labels, packaging or any components bearing the counterfeit mark and all instrumentalities used in the production of the counterfeit goods, including, but not limited to, any items, objects, tools, machines or equipment from persons manufacturing, displaying for sale, or selling the goods, upon a showing of good cause and a probability of success on the merits and upon the posting of an undertaking pursuant to subdivision (e). If it appears from the ex parte application that there is good reason for proceeding without notification to the defendant, the court may, for good cause shown, waive the requirement of notice for the ex parte proceeding. The order of seizure shall specifically set forth all of the following: (1) The date or dates on which the seizure is ordered to take place. (2) A description of the counterfeit goods to be seized. (3) The identity of the persons or class of persons to effect seizure. (4) A description of the location or locations at which seizure is to occur. (5) A hearing date not more than 10 court days after the last date on which seizure is ordered at which any person from whom goods are seized may appear and seek release of the seized goods. Any person from whom seizure is effected shall be served with the order at the time of seizure. (c) Any person who causes seizure of goods that are not counterfeit shall be liable in an amount equal to the following: (1) Any damages proximately caused to any person having a financial interest in the seized goods by the seizure of goods that are not counterfeit. (2) Costs incurred in defending against seizure of noncounterfeit goods. (3) Upon a showing that the person causing the seizure to occur acted in bad faith, expenses, including reasonable attorneys’ fees expended in defending against the seizure of any noncounterfeit or noninfringing goods. (4) Punitive damages, if warranted. (d) A person entitled to recover pursuant to subdivision (c) may seek a recovery by cross-claim or motion made in the trial court and served pursuant to Section 1011 of the Code of Civil Procedure. A person seeking a recovery pursuant to this section may join any surety on an undertaking posted pursuant to subdivision (b), and any judgment of liability shall bind the person liable pursuant to subdivision (c) and the surety jointly and severally, but the liability of the surety shall be limited to the amount of the undertaking. (e) The court shall set the amount of the undertaking required by subdivision (b) in accordance with the probable recovery of damages, costs, and expenses under subdivision (c) if it were ultimately determined that the goods seized were not counterfeit. (f) Any person entitled to recover under subdivision (c) may, within 30 days after the date of seizure, object to the undertaking on the grounds that the surety or the amount of undertaking is insufficient. (g) The motion or application filed pursuant to subdivision (b) shall include a statement advising the person from whom the goods are seized that the undertaking has been filed, informing him or her of his or her right to object to the undertaking on the grounds that the surety or the amount of the undertaking is insufficient, and advising the person from whom the goods are seized that an objection to the undertaking must be made within 30 days after the date of seizure. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  127. 14252.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. )

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    This section says that listing a right or remedy here does not take away a registrant’s ability to prosecute under California penal law, including Penal Code Section 350.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14252. The enumeration of any right or remedy herein shall not affect a registrant’s right to prosecute under any penal law of this state, including, but not limited to, Section 350 of the Penal Code. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  128. 14254.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. )

    Verify source ↗

    Certain trademark cancellation or mandamus actions must be brought in superior court, and the secretary has specific notice, non-party, intervention, and service rules in cancellation or nonresident-registrant cases.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14254. (a) Actions to require cancellation of a mark registered pursuant to this chapter or in mandamus to compel registration of a mark pursuant to this chapter shall be brought in the superior court. (b) In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding, but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action. (c) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Sections 416.10 to 416.40, inclusive, of the Code of Civil Procedure, and Sections 2110, 2111, and 2114 of the Corporations Code. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  129. 14259.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. )

    Verify source ↗

    This section says the law here does not harm rights or enforcement rights in marks acquired in good faith under common law.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 9. Violations [14245 - 14259] ( Article 9 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14259. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time within common law. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  130. 14260.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 10. Fees [14260- 14260.] ( Article 10 added by Stats. 2007, Ch. 711, Sec. 2. )

    Verify source ↗

    Fees payable under this section are not refundable unless the secretary specifies otherwise.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 10. Fees [14260- 14260.] ( Article 10 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14260. Unless specified by the secretary, the fees payable herein are not refundable. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  131. 14265.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 11. Severability [14265- 14265.] ( Article 11 added by Stats. 2007, Ch. 711, Sec. 2. )

    Verify source ↗

    If part of this chapter is held invalid, the rest of the chapter still remains in effect.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 11. Severability [14265- 14265.] ( Article 11 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14265. If any provision of this chapter, or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter shall not be affected thereby. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  132. 14270.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 12. Miscellaneous [14270 - 14272] ( Article 12 added by Stats. 2007, Ch. 711, Sec. 2. )

    Verify source ↗

    This chapter does not affect any suit, proceeding, or appeal that was pending on January 1, 2008.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 12. Miscellaneous [14270 - 14272] ( Article 12 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14270. This chapter shall not affect any suit, proceeding, or appeal pending on January 1, 2008. (Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  133. 14272.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 12. Miscellaneous [14270 - 14272] ( Article 12 added by Stats. 2007, Ch. 711, Sec. 2. )

    Verify source ↗

    This section says the chapter is meant to create a state trademark registration and protection system that is substantially consistent with federal trademark law.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 2. Model State Trademark Law [14200 - 14272] ( Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2. ) ## ARTICLE 12. Miscellaneous [14270 - 14272] ( Article 12 added by Stats. 2007, Ch. 711, Sec. 2. ) ## 14272. The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946 (15 U.S.C. Sec. 1051 et seq.), as amended. To that end, the construction given the federal act should be examined as nonbinding authority for interpreting and construing this chapter. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
  134. 143.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A person doing a licensed business or profession cannot sue to collect compensation for a licensed act or contract unless they allege and prove they were licensed during performance.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 143. (a) No person engaged in any business or profession for which a license is required under this code governing the department or any board, bureau, commission, committee, or program within the department, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required without alleging and proving that he or she was duly licensed at all times during the performance of that act or contract, regardless of the merits of the cause of action brought by the person. (b) The judicial doctrine of substantial compliance shall not apply to this section. (c) This section shall not apply to an act or contract that is considered to qualify as lawful practice of a licensed occupation or profession pursuant to Section 121. (Added by Stats. 1990, Ch. 1207, Sec. 1.5.)
  135. 143.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Some settlement terms are banned for certain California Department of Consumer Affairs licensees and their agents, and agencies may not demand extra payments to a plaintiff in the covered situation.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 143.5. (a) No licensee who is regulated by a board, bureau, or program within the Department of Consumer Affairs, nor an entity or person acting as an authorized agent of a licensee, shall include or permit to be included a provision in an agreement to settle a civil dispute, whether the agreement is made before or after the commencement of a civil action, that prohibits the other party in that dispute from contacting, filing a complaint with, or cooperating with the department, board, bureau, or program within the Department of Consumer Affairs that regulates the licensee or that requires the other party to withdraw a complaint from the department, board, bureau, or program within the Department of Consumer Affairs that regulates the licensee. A provision of that nature is void as against public policy, and any licensee who includes or permits to be included a provision of that nature in a settlement agreement is subject to disciplinary action by the board, bureau, or program. (b) Any board, bureau, or program within the Department of Consumer Affairs that takes disciplinary action against a licensee or licensees based on a complaint or report that has also been the subject of a civil action and that has been settled for monetary damages providing for full and final satisfaction of the parties may not require its licensee or licensees to pay any additional sums to the benefit of any plaintiff in the civil action. (c) As used in this section, “board” shall have the same meaning as defined in Section 22, and “licensee” means a person who has been granted a license, as that term is defined in Section 23.7. (d) Notwithstanding any other law, upon granting a petition filed by a licensee or authorized agent of a licensee pursuant to Section 11340.6 of the Government Code, a board, bureau, or program within the Department of Consumer Affairs may, based upon evidence and legal authorities cited in the petition, adopt a regulation that does both of the following: (1) Identifies a code section or jury instruction in a civil cause of action that has no relevance to the board’s, bureau’s, or program’s enforcement responsibilities such that an agreement to settle such a cause of action based on that code section or jury instruction otherwise prohibited under subdivision (a) will not impair the board’s, bureau’s, or program’s duty to protect the public. (2) Exempts agreements to settle such a cause of action from the requirements of subdivision (a). (e) This section shall not apply to a licensee subject to Section 2220.7. (Added by Stats. 2012, Ch. 561, Sec. 1. (AB 2570) Effective January 1, 2013.)
  136. 144.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Certain designated agencies must require applicants to provide a full set of fingerprints for criminal history checks, and they may also request criminal history information from DOJ and the FBI at their discretion.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 144. (a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation. (b) Subdivision (a) applies to the following: (1) California Board of Accountancy. (2) State Athletic Commission. (3) Board of Behavioral Sciences. (4) Court Reporters Board of California. (5) Dental Board of California. (6) California State Board of Pharmacy. (7) Board of Registered Nursing. (8) California Veterinary Medical Board. (9) Board of Vocational Nursing and Psychiatric Technicians of the State of California. (10) Respiratory Care Board of California. (11) Physical Therapy Board of California. (12) Physician Assistant Board. (13) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. (14) Medical Board of California. (15) California State Board of Optometry. (16) Acupuncture Board. (17) Cemetery and Funeral Bureau. (18) Bureau of Security and Investigative Services. (19) Division of Investigation. (20) Board of Psychology. (21) California Board of Occupational Therapy. (22) Structural Pest Control Board. (23) Contractors State License Board. (24) California Board of Naturopathic Medicine. (25) Professional Fiduciaries Bureau. (26) Board for Professional Engineers, Land Surveyors, and Geologists. (27) Podiatric Medical Board of California. (28) Osteopathic Medical Board of California. (29) California Architects Board, beginning January 1, 2021. (30) Landscape Architects Technical Committee, beginning January 1, 2022. (31) Bureau of Household Goods and Services with respect to household movers as described in Chapter 3.1 (commencing with Section 19225) of Division 8. (32) State Board of Chiropractic Examiners. (c) For purposes of paragraph (26) of subdivision (b), the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category. (Amended by Stats. 2025, Ch. 592, Sec. 2. (SB 861) Effective January 1, 2026.)
  137. 144.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    A board described in Section 144 may ask a local or state agency for certified arrest, conviction, and probation records, and the agency may provide them.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 144.5. Notwithstanding any other law, a board described in Section 144 may request, and is authorized to receive, from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation. A local or state agency may provide those records to the board upon request. (Added by Stats. 2013, Ch. 516, Sec. 1. (SB 305) Effective January 1, 2014.)
  138. 144.6.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    For certain education programs tied to licenses issued by boards in the department, the minimum required hours must match the program’s existing clock or credit hours as of this section’s effective date. If an approved program asks to reduce its hours by July 1, 2026, the applicable board must finish reviewing that request by January 1, 2027. The section is repealed on January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 144.6. (a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this state for education programs that qualify persons for any license issued by a board within the department shall be equal to the number of clock or credit hours, or the equivalent, that the education program provides as of the effective date of this section. (b) For an education program approved by a board within the department as of the effective date of this section that submits to the applicable board, no later than July 1, 2026, a request to modify the program to reduce the program clock or credit hours, or the equivalent, the applicable board shall, no later than January 1, 2027, complete its review of the requested modification. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 41, Sec. 1. (SB 164) Effective June 29, 2024. Repealed as of January 1, 2027, by its own provisions.)
  139. 144.7.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    An accrediting agency recognized by the U.S. Department of Education as of January 1, 2025 must keep that recognition until July 1, 2029 if it continues operating in substantially the same manner.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 144.7. (a) For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025. (b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 425, Sec. 1. (SB 744) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  140. 14401.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A trade name may be transferred with the business goodwill, and the owner is entitled to the same protection through lawsuits or equity remedies.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. ) ## 14401. Any trade name may be transferred in the same manner as personal property in connection with the good will of the business in which it is used or the part thereof to which it is appurtenant, and the owner is entitled to the same protection by suits at law or in equity. (Added by Stats. 1941, Ch. 59.)
  141. 14402.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A court of competent jurisdiction may stop by injunction the use of trade names that violates rights defined in this chapter.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. ) ## 14402. Any court of competent jurisdiction may restrain, by injunction, any use of trade names in violation of the rights defined in this chapter. (Added by Stats. 1941, Ch. 59.)
  142. 14403.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A person must not possess or use containers, labels, brands, or similar items bearing another’s trade name to sell a different product, if done with intent to deceive or defraud.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. ) ## 14403. Every person who has in his possession, or who uses any cask, bottle, vessel, case, cover, label, brand, or other thing bearing, or having in any way connected with it, the trade name of another, for the purpose of disposing of any article other than that which such cask, bottle, vessel, case, cover, label, brand or other thing, originally contained, or is connected with by the owner of the trade name, with intent to deceive or defraud, is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 59.)
  143. 14404.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A person who knowingly tampers with another's trade name on certain containers or packages, under the stated conditions and without consent, commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. ) ## 14404. Every person who wilfully defaces, obliterates, or otherwise removes, destroys, or conceals the trade name of another, printed, branded, stamped, engraved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, for the purpose of selling or trafficking in such cask, keg, bottle, vessel, siphon, can, case, or other package, or refilling such cask, keg, bottle, vessel, siphon, can, case, or other package, with intent to defraud the owner thereof, without the consent of the owner, or unless the same has been purchased from the owner, is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 59.)
  144. 14405.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A person may not wilfully sell or traffic in certain containers bearing another person's trade name, or refill them to defraud the owner without consent or purchase from the owner.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1. Trade Names [14401 - 14405] ( Article 1 added by Stats. 1941, Ch. 59. ) ## 14405. Every person who wilfully sells, or traffics in any cask, keg, bottle, vessel, siphon, can, case or other package bearing the trade name of another, printed, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottle, vessel, siphon, can, case, or other package with intent to defraud the owner thereof, without the consent of the owner, or unless it has been purchased from the owner, is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 59.)
  145. 14411.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    Filing a fictitious business name statement can create a rebuttable presumption that the filer has the exclusive right to use that name, and similar names, in the county where it is filed, if the filer was first to file there and is actually using the name in business.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14411. The filing of any fictitious business name statement by a person required to file such statement pursuant to Section 17910 shall establish a rebuttable presumption that the registrant has the exclusive right to use as a trade name the fictitious business name, as well as any confusingly similar trade name, in the county in which the statement is filed, if the registrant is the first to file such a statement containing the fictitious business name in that county, and is actually engaged in a trade or business utilizing such fictitious business name or a confusingly similar name in that county. The rebuttable presumption created by this section shall be one affecting the burden of producing evidence. (Added by Stats. 1972, Ch. 438.)
  146. 14412.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    Section 14412 says the rebuttable presumption from Section 14411 stays in effect until the fictitious business name statement is abandoned or expires, and only if no new statement has been filed; for an assignment or transfer, the presumption ends unless the assignee or transferee has filed an original statement.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14412. The rebuttable presumption created by Section 14411 shall be applicable until the fictitious business name statement is abandoned pursuant to Section 17922, or otherwise expires pursuant to Section 17920, and no new fictitious business name statement has been filed by the registrant, or in the case of any assignment or transfer no original fictitious business name statement has been filed by the assignee or transferee. (Added by Stats. 1972, Ch. 438.)
  147. 14413.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    For Section 14411, a qualifying fictitious business name statement is treated as filed when the earlier certificate was first filed, if the certificate had not expired before the later filing.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14413. For purposes of Section 14411 a fictitious business name statement filed after January 1, 1971, and deemed filed on July 1, 1971, under Section 8 of Chapter 618 of the 1970 Statutes shall be considered filed at the time a certificate was first filed under Chapter 2 (commencing with Section 2466) of Title 10 of Part 4 of Division 3 of the Civil Code, as it existed on the effective date of the filing, provided that the certificate had not expired prior to the filing under Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code. (Added by Stats. 1972, Ch. 438.)
  148. 14414.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    This section says the chapter does not itself require or forbid filing a fictitious business name statement in any county, unless Section 17910 does so.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14414. Nothing in this chapter shall be construed to require or prohibit the filing in any county of any fictitious business name statement if such filing is not required or prohibited by Section 17910. (Added by Stats. 1972, Ch. 438.)
  149. 14415.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    Filing or qualifying corporate formation documents can create a rebuttable presumption that the corporation has the exclusive right to use its corporate name as a trade name, if it was first to file and is actually using that name or a confusingly similar one.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14415. The filing of articles of incorporation pursuant to Section 200 of the Corporations Code, in the case of a domestic corporation, or the obtaining of a certificate of qualification pursuant to Sections 2105 and 2106 of the Corporations Code, in the case of a foreign corporation, shall establish a rebuttable presumption that the corporation has the exclusive right to use as a trade name, in the state the corporate name set forth in the articles or certificate, as well as any confusingly similar trade name, if the corporation is the first to have filed the articles or obtained the certificate containing the corporate name, and is actually engaged in a trade or business utilizing that corporate name or a confusingly similar name. If a foreign corporation continues to have authority to transact intrastate business pursuant to Section 2102 of the Corporations Code, the foreign corporation shall be considered to have obtained its certificate of qualification pursuant to law for the purposes of this section on the date it first qualified to transact intrastate business in this state. The rebuttable presumption created by this section affects the burden of producing evidence. (Amended by Stats. 1981, Ch. 714, Sec. 39.)
  150. 14416.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    When a corporation and a registrant both claim the same or a confusingly similar trade name in a county, the one that filed first and is actually using the name gets the presumption and exclusive right to use it.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14416. If, as to the same or a confusingly similar trade name, in a county, there are both a corporation entitled to the rebuttable presumption created by Section 14415 and a registrant entitled to the benefit of the presumption created by Section 14411, whichever has filed the fictitious business name statement, filed the articles of incorporation, or obtained the certificate of qualification first in time, and is actually engaged in a trade or business utilizing such fictitious business name, such corporate name, or a confusingly similar name, shall be entitled to the presumption as against the other, that he has the exclusive right to use such fictitious business name, or such corporate name, or a confusingly similar name, as a trade name in the county where the registrant has filed his fictitious business name statement. (Added by Stats. 1972, Ch. 438.)
  151. 14417.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    Filing articles of incorporation does not, by itself, let a corporation use a name that violates another party’s trademark, trade name, fictitious business name, or common-law rights. The Secretary of State must send each newly organized corporation a notice explaining this.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14417. The filing of articles of incorporation pursuant to Section 200 of the Corporations Code shall not of itself authorize the use in this state of a corporate name in violation of the rights of another under the federal Trademark Act (15 U.S.C. Sec. 1051 et seq.), the Trademark Act (Chapter 2 (commencing with Section 14200) of Division 6), the Fictitious Business Name Act (Chapter 5 (commencing with Section 17900) of Division 7), or the common law, including rights in a trade name. The Secretary of State shall deliver a notice to this effect to each newly organized corporation. (Added by Stats. 1983, Ch. 1317, Sec. 1.)
  152. 14418.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. )

    Verify source ↗

    Filing a fictitious business name statement does not, by itself, let someone use that name if doing so would violate another person’s rights.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 1.5. Trade Name Registration [14411 - 14418] ( Article 1.5 added by Stats. 1972, Ch. 438. ) ## 14418. The filing of any fictitious business name statement pursuant to Section 17910 does not, of itself, authorize the use in this state of a fictitious business name in violation of the rights of another as established under this chapter, the federal law relating to trademarks (15 U.S.C. Sec. 1051 et seq.), or the common law, including rights in a trade name. (Added by Stats. 1987, Ch. 437, Sec. 1.)
  153. 14425.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    This section defines key terms used in the container brands article.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14425. As used in this article: (a) “Containers,” “equipment” and “supplies” means containers, equipment or supplies bearing a brand. (b) “Brand” means any mark, name or device filed as a brand under this article. (c) “Registrant” means a person who files a brand under this article. (Amended by Stats. 1982, Ch. 194, Sec. 1.)
  154. 14426.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Some corporations or associations may register a brand under this article if their members could register that same brand.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14426. Any corporation or association whose members might register a brand under this article, may itself register a brand under this article. As used in this article, “member of a registrant” means a member who would be entitled to register the same brand under this article. (Added by Stats. 1941, Ch. 59.)
  155. 14427.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Eligible persons may file a description of a name, mark, or device as a brand with the Secretary of State after paying the required fee.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14427. Any person, who is engaged in the manufacture, packing, canning, bottling, or selling of any substance in containers with his or her name, or other mark or device impressed or produced thereon, or whose equipment or supplies, owned by and used in his or her business, bears a name or other mark or device impressed or produced thereon, may file in the office of the Secretary of State after payment of the fee set forth in subdivision (d) of Section 12193 of the Government Code, a description of the name, mark, or device so used, as a brand. (Amended by Stats. 1999, Ch. 1000, Sec. 5. Effective January 1, 2000.)
  156. 14429.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Each brand must include “Registered in California” or the abbreviation “Reg. Cal.”

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14429. There shall be included as a part of each brand the words, “Registered in California,” or the abbreviation, “Reg. Cal.” (Added by Stats. 1941, Ch. 59.)
  157. 14430.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Most people are prohibited from handling branded containers, supplies, or equipment in the ways listed here, unless they fall within one of the stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14430. It is unlawful for any person except a person named in subdivision (a) to do any of the acts named in subdivision (b). (a) Persons excepted: (1) The owner of the brand which has been filed in accordance with this article. (2) The registrant. (3) Members of any corporation or association which is the registrant. (4) A person who has the written consent of the registrant describing the containers, equipment or supplies to which it applies. (5) A person who has purchased the container, equipment or supplies from the owner of the brand appearing thereon. (b) Prohibited acts: (1) Possessing, using, or filling with any substance any container. (2) Obliterating or concealing the brand on any container, supplies or equipment. (3) Selling, buying, giving, taking or otherwise trafficking in any container, equipment, or supplies. (Amended by Stats. 1982, Ch. 194, Sec. 4.)
  158. 14431.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Certain use or possession of containers, supplies, or equipment is presumptive evidence of unlawful use or trafficking.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14431. The use by any person other than the registrant, or owner of the brand and other than the members of the registrant of any container, supplies or equipment, without the written consent provided for in this article, or the possession by any junk dealer, or dealer in secondhand articles, of any containers, supplies or equipment, is presumptive evidence of unlawful use of or traffic in such containers, supplies, or equipment. (Added by Stats. 1941, Ch. 59.)
  159. 14432.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A person who buys or otherwise lawfully acquires containers, supplies, or equipment and has the written consent required by this article does not have to file the description again.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14432. Any person acquiring containers, supplies or equipment, by purchase or other lawful means, and having the written consent provided for in this article is not required again to file the description, but acquires as a part of his or her purchase all benefit that the vendor has. (Amended by Stats. 1982, Ch. 194, Sec. 5.)
  160. 14433.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Taking a deposit for the safekeeping and return of containers, equipment, or supplies is not treated as a sale of those items in proceedings under this article.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14433. The acceptance by the owner, or any person lawfully entitled to their use, of any money as a deposit to secure the safekeeping and return of containers, equipment or supplies does not constitute a sale of the containers, supplies or equipment, either optional or otherwise, in any proceeding under this article. (Added by Stats. 1941, Ch. 59.)
  161. 14434.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A person who finds or receives containers, supplies, or equipment must try to find the owner and return the items.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14434. It is the duty of every person who finds or receives in the regular course of business or in any other manner, any containers, supplies or equipment to make diligent effort to find the owner and return the containers, supplies or equipment to him. (Added by Stats. 1941, Ch. 59.)
  162. 14435.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A magistrate must issue a search warrant when a registrant or the registrant’s member swears that certain containers, supplies, or equipment are being unlawfully sold, filled, used, or hidden.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14435. (a) Whenever any registrant or any member of the registrant takes an oath before any magistrate that he has reason to believe, and does believe, that any of the containers, supplies or equipment mentioned in this article, are being unlawfully sold, filled or used, or are secreted in any place, the magistrate shall issue a search warrant to discover and obtain them; (b) The magistrate may cause to be brought before him, the person in whose possession the containers, equipment or supplies are found, and if he finds that the person has been guilty of a violation of this article, he shall impose the punishment prescribed in this article, and also award the possession of the containers, equipment or supplies taken upon the search warrant to the owner, or to the corporation or association of which the owner is a member. (Added by Stats. 1941, Ch. 59.)
  163. 14436.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor, with different fines and jail terms for first and later offenses.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14436. The violation of any of the provisions of this article is a misdemeanor, punishable: (a) For the first offense by imprisonment for not less than 10 days nor more than six months or by a fine of fifty dollars ($50) for each and every container, or article of supply or equipment so filled, sold, used, disposed of, held, bought or trafficked in, or by both such fine and imprisonment. (b) For each subsequent offense by imprisonment for not less than 20 days nor more than one year, or by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each and every container, or article of supply or equipment so filled, sold, used, disposed of, held, bought or trafficked in, or by both such fine and imprisonment. (Amended by Stats. 1982, Ch. 194, Sec. 6.)
  164. 14437.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Certain pre-1931 registered brands, and items bearing them, are entitled to the chapter’s protection and benefits, and they do not need to be changed or reregistered because of Chapter 1162 of the Statutes of 1931 or this article.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14437. Every brand registered and published under Chapter 431 of the Statutes of 1921, as amended, prior to the effective date of Chapter 1162 of the Statutes of 1931, and all containers, equipment and supplies bearing such a brand shall be entitled to all the protection and benefits of this chapter, and it is not necessary for any such brand to be changed or reregistered on account of the provisions of Chapter 1162 of the Statutes of 1931 and the provisions of this article which constitute a restatement and continuation thereof. (Amended by Stats. 1982, Ch. 194, Sec. 7.)
  165. 14438.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A registrant may sue for violations involving its containers, equipment, or supplies, and can recover three times the replacement cost plus suit costs and a reasonable attorney’s fee. But no action may be brought against a person who received the items under a delivery contract unless they failed to return them within 10 days after a registered-mail demand.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 2. Container Brands [14425 - 14438] ( Article 2 added by Stats. 1941, Ch. 59. ) ## 14438. Any registrant whose containers, equipment or supplies are involved in any violation of the provisions of this article may sue the person or persons who violated said provisions and, upon proof of such violation, shall recover threefold the replacement cost new of the containers, equipment or supplies so involved and costs of suit including a reasonable attorney’s fee. No action shall be brought under this section or Section 14436 against a person who obtained possession of the containers, equipment or supplies pursuant to a contract with the registrant for the delivery of agricultural commodities, unless such person has failed to return to the registrant such containers, equipment and supplies to the point of delivery within 10 days after receipt of a demand for such return sent by registered mail to such person by the registrant. (Amended by Stats. 1982, Ch. 194, Sec. 8.)
  166. 14460.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    For this article, “farm” includes ranch, estate, and villa.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. ) ## 14460. “Farm,” as used in this article, includes ranch, estate and villa. (Added by Stats. 1941, Ch. 59.)
  167. 14461.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A farm owner or lessee may register the farm name with the Secretary of State, and the Secretary of State must issue a certificate after the required fee is paid.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. ) ## 14461. Any farm owner or lessee in this state may register the name of his or her farm with the Secretary of State, and the Secretary of State shall issue a certificate setting forth the name and location of the farm and the name of the owner upon payment of the fee as set forth in subdivision (g) of Section 12193 of the Government Code. (Amended by Stats. 1999, Ch. 1000, Sec. 6. Effective January 1, 2000.)
  168. 14462.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A person selling or marketing farm-grown products may use the farm’s name as a trademark on those products.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. ) ## 14462. Any person selling or marketing the products grown on a farm may use the name of the farm as a trade-mark on the products of the farm, in the same manner as provided for other trade-marks, and subject to the same rights and duties, as provided in this code. (Added by Stats. 1941, Ch. 59.)
  169. 14463.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Registration under this article has the same effect as registration of a trade-mark.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. ) ## 14463. Registration under this article shall have the same effect as the registration of a trade-mark. (Added by Stats. 1941, Ch. 59.)
  170. 14464.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A farm name already registered in California generally cannot be registered for another farm unless extra designating words are added; the Secretary of State may register it only for the person entitled to it.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. ) ## 14464. When any name has been registered as the name of any farm, that name shall not be registered as the name of any other farm in this State, unless designating words have been prefixed or added thereto. The Secretary of State shall register such name only for the person entitled thereto. (Added by Stats. 1941, Ch. 59.)
  171. 14465.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A person may not register or use as their own a farm name already in use in California, if they know it is already adopted as a farm name or is registered and in use by someone entitled to it.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 3. Farm Names [14460 - 14465] ( Article 3 added by Stats. 1941, Ch. 59. ) ## 14465. Any person who registers as his own, any name already in use in this State, knowing that the name is already adopted as the name of a farm, or makes use of the name when regularly registered and in use by any other person entitled thereto under this article is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 59.)
  172. 14480.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    This section defines “registrant” and “supplies” for this article.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14480. As used in this article: (a) “Registrant” means any person who files and publishes a name, mark or device under this article. (b) “Supplies” means supplies bearing a name, mark or device filed and published under this article. (Added by Stats. 1941, Ch. 59.)
  173. 14481.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A qualifying laundry-supply business may use a name, mark, or device on the articles as an ownership indicator, and may register it by filing and publishing it under this article.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14481. Any person engaged in the business of supplying clean laundered garments, towels, table linen or other articles, the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indicium of ownership, and may register the name, mark or device by filing and publishing it under this article. (Added by Stats. 1941, Ch. 59.)
  174. 14482.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A supplier registering a name, mark, or device under this article must file a description with the Secretary of State and publish that description in a newspaper for three consecutive weeks.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14482. In order to register a name, mark or device under this article, the supplier shall do all of the following: (a) File in the office of the Secretary of State a description of the names, marks, or devices so used. (b) Cause the description of the name, mark or device to be printed once a week for three successive weeks in a newspaper published in the county in which the principal place of business of the supplier is located. (Amended by Stats. 2000, Ch. 506, Sec. 2. Effective January 1, 2001.)
  175. 14483.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    The registrant must pay the Secretary of State a filing fee for each laundry supply designation and for issuing a certificate of filing.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14483. The registrant shall pay to the Secretary of State for filing each laundry supply designation described and for issuing a certificate of filing a fee as set forth in subdivision (e) of Section 12193 of the Government Code. (Amended by Stats. 2000, Ch. 506, Sec. 3. Effective January 1, 2001.)
  176. 14484.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Most people may not sell, buy, rent, give, take, traffic in, conceal, or remove certain laundry supplies, except the registrant, someone with the registrant’s written consent, or someone who bought the supplies from the registrant.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14484. It is unlawful for any persons except a person named in subdivision (a) to do any of the acts named in subdivision (b): (a) Persons excepted: (1) The registrant. (2) A person who has the written consent of the registrant. (3) A person who has purchased the supplies from the registrant. (b) Prohibited acts: (1) Selling, buying, renting, giving, taking or otherwise trafficking in any supplies bearing a name, mark or device filed and published under this article. (2) Obliterating or otherwise covering up, concealing or removing a name, mark or device filed and published under this article, from such supplies. (Added by Stats. 1941, Ch. 59.)
  177. 14485.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A deposit taken by the registrant to secure safekeeping and return of supplies is not treated as a sale of the supplies in proceedings under this article.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14485. The acceptance by the registrant of any sum of money as a deposit to secure the safekeeping and return of the supplies does not constitute a sale of the supplies either optional or otherwise, in any proceeding under this article. (Added by Stats. 1941, Ch. 59.)
  178. 14486.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Using certain supplies by someone other than the registrant, without the written consent described in this article, can be treated as presumptive evidence of unlawful use or traffic.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14486. The use by any person, other than the registrant of any supplies without the written consent provided in this article or the possession of supplies so marked by any junk dealer or dealer of secondhand articles is presumptive evidence of unlawful use of or traffic in such supplies. (Added by Stats. 1941, Ch. 59.)
  179. 14487.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    A buyer of supplies with the required written consent does not have to file and publish the description again and gets the vendor’s rights and benefits for those supplies.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14487. Any person or any member of any firm, corporation or association acquiring supplies by purchase or other lawful means and having the written consent provided for in this article, is not required again to file and publish the description but shall, as to supplies described in the written consent, acquire as part of the purchase all such rights and benefits as the vendor has under this article. (Added by Stats. 1941, Ch. 59.)
  180. 14488.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Anyone who finds or receives supplies must make a diligent effort to find the owner and return the supplies.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14488. It is the duty of every person who finds or receives in the regular course of business or in any other manner, any supplies to make diligent effort to find the owner and restore or return the supplies. (Added by Stats. 1941, Ch. 59.)
  181. 14489.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    If the registrant swears before a magistrate that supplies are being unlawfully used, sold, or hidden, the magistrate must issue a search warrant.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14489. Whenever the registrant or any member of any corporation or association which is the registrant takes an oath before any magistrate that he has reason to believe and does believe that any supplies are being unlawfully used, sold or secreted in any place, the magistrate shall issue a search warrant to discover and obtain the supplies and may also bring before him the person in whose possession the articles are found. (Added by Stats. 1941, Ch. 59.)
  182. 14490.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    If a magistrate finds someone guilty of violating this article, the magistrate must impose the punishment set by the article and give the seized property to the owner.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14490. If the magistrate finds that any person brought before him has been guilty of a violation of this article he shall impose the punishment prescribed in this article and also award the possession of the property taken upon the search warrant to the owner. (Added by Stats. 1941, Ch. 59.)
  183. 14491.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor, but it becomes a felony if the violation involves unlawfully using, selling, or secreting supplies worth more than $950.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 4. Laundry Supply Designations [14480 - 14491] ( Article 4 added by Stats. 1941, Ch. 59. ) ## 14491. The violation of any of the provisions of this article is a misdemeanor, except that if the violation consists of unlawfully using, selling, or secreting in any place supplies of a value exceeding nine hundred fifty dollars ($950), the violation is a felony. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 1. (SB 18 3x) Effective January 25, 2010.)
  184. 14492.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. )

    Verify source ↗

    This section defines “organization” and explains when a name counts as an organization’s name and original ownership.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. ) ## 14492. As used in this article, the following terms have the meanings set forth in this section unless the context otherwise requires: (a) “Organization” includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, or any other similar society, organization, or association or degree, branch, subordinate lodge, or auxiliary thereof. (b) “Name and Ownership.” Name is that name that has first been adopted and used by an organization within or beyond the limits of this state, which name has been registered in the Office of the Secretary of State, and the name of any organization that has complied with Chapter 5 (commencing with Section 17900) of Part 3 of Division 7, unless the name conflicts with a name duly registered in the Office of the Secretary of State prior to the compliance with those provisions, and any organization that has so first adopted and used the name is its original owner. (Amended by Stats. 2006, Ch. 538, Sec. 21. Effective January 1, 2007.)
  185. 14493.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. )

    Verify source ↗

    A court may stop unauthorized use of an organization’s name in business, publication, or solicitation if it falsely suggests the organization sponsors or endorses it.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. ) ## 14493. Any court of competent jurisdiction may restrain by injunction: the use of the name of any organization in a commercial venture, trade or business, or in the solicitation of subscriptions for or sale of any newspaper, book, or other publication, or in the solicitation of advertising in any newspaper, book, or other publication or in the solicitation of, donations, aid, or other benefits by any other person, firm, or corporation representing directly or indirectly that such commercial venture, trade or business, newspaper or book or other publication or donation or solicitation for donation, is sponsored, endorsed or being offered by the organization owning such name, unless the person, firm, or corporation so using the name is entitled to use the name under the constitution, by-laws or rules of the organization owning such name, or by the written consent of such organization so owning the name to such use. (Added by Stats. 1955, Ch. 1931.)
  186. 14494.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. )

    Verify source ↗

    In actions under Section 14493, a plaintiff does not have to allege or prove actual damages or injury, and may recover actual damages if any are proved, along with injunctive relief.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. ) ## 14494. In any action under Section 14493 it is not necessary to allege or prove actual damages or the threat thereof or actual injury or the threat thereof, to the plaintiff, but in addition to injunctive relief, any plaintiff in any such action is entitled to recover the amount of the actual damages, if any, sustained by such plaintiff. (Added by Stats. 1955, Ch. 1931.)
  187. 14495.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. )

    Verify source ↗

    Using an organization’s name without entitlement or written consent is presumptive evidence of unlawful use or trafficking in that name.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 3. Trade Names and Designations [14401 - 14495] ( Chapter 3 added by Stats. 1941, Ch. 59. ) ## ARTICLE 5. Names Other Than Trade Names [14492 - 14495] ( Article 5 added by Stats. 1955, Ch. 1931. ) ## 14495. The use of the name of any organization by any person, firm, or corporation not entitled to use the same under the constitution, by-laws, rules or regulations of the organization which owns the name or by the written consent of such organization, is presumptive evidence of the unlawful use or traffic in such name. (Added by Stats. 1955, Ch. 1931.)
  188. 145.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. )

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    The Legislature states that unlicensed activity in Department of Consumer Affairs professions is a public safety threat and that enforcement and criminal sanctions should be effective and create an incentive to obtain a license.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. ) ## 145. The Legislature finds and declares that: (a) Unlicensed activity in the professions and vocations regulated by the Department of Consumer Affairs is a threat to the health, welfare, and safety of the people of the State of California. (b) The law enforcement agencies of the state should have sufficient, effective, and responsible means available to enforce the licensing laws of the state. (c) The criminal sanction for unlicensed activity should be swift, effective, appropriate, and create a strong incentive to obtain a license. (Added by Stats. 1992, Ch. 1135, Sec. 2. Effective January 1, 1993.)
  189. 146.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. )

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    Violations of the listed code sections are generally treated as infractions, with a fine of $250 to $1,000.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. ) ## 146. (a) Notwithstanding any other provision of law, a violation of any code section listed in subdivision (c) is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code when either of the following applies: (1) A complaint or a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code is filed in court charging the offense as an infraction unless the defendant, at the time they are arraigned, after being advised of their rights, elects to have the case proceed as a misdemeanor. (2) The court, with the consent of the defendant and the prosecution, determines that the offense is an infraction in which event the case shall proceed as if the defendant has been arraigned on an infraction complaint. (b) Subdivision (a) does not apply to a violation of the code sections listed in subdivision (c) if the defendant has had their license, registration, or certificate previously revoked or suspended. (c) The following sections require registration, licensure, certification, or other authorization in order to engage in certain businesses or professions regulated by this code: (1) Section 2474. (2) Sections 2052 and 2054. (3) Section 2570.3. (4) Section 2630. (5) Section 2903. (6) Section 3575. (7) Section 3660. (8) Sections 3760 and 3761. (9) Section 4080. (10) Section 4825. (11) Section 4935. (12) Section 4980. (13) Section 4989.50. (14) Section 4996. (15) Section 4999.30. (16) Section 5536. (17) Section 6530 or 6532. (18) Section 6704. (19) Section 6980.10. (20) Section 7317. (21) Section 7502 or 7592. (22) Section 7520. (23) Section 7574.10. (24) Section 7574.12. (25) Section 7582. (26) Section 7617 or 7641. (27) Subdivision (a) of Section 7872. (28) Section 8016. (29) Section 8505. (30) Section 8725. (31) Section 9681. (32) Section 9840. (33) Subdivision (c) of Section 9891.24. (34) Section 19049. (d) Notwithstanding any other law, a violation of any of the sections listed in subdivision (c), which is an infraction, is punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000). No portion of the minimum fine may be suspended by the court unless as a condition of that suspension the defendant is required to submit proof of a current valid license, registration, or certificate for the profession or vocation that was the basis for their conviction. (Amended by Stats. 2024, Ch. 484, Sec. 2. (SB 1454) Effective January 1, 2025.)
  190. 147.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. )

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    A director-designated employee may issue a written notice to appear in court for qualifying infraction violations witnessed by that employee. The employee is not treated as a peace officer and gets no safety member retirement benefits from that designation.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. ) ## 147. (a) Any employee designated by the director shall have the authority to issue a written notice to appear in court pursuant to Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. Employees so designated are not peace officers and are not entitled to safety member retirement benefits, as a result of such designation. The employee’s authority is limited to the issuance of written notices to appear for infraction violations of provisions of this code and only when the violation is committed in the presence of the employee. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the person, at the time of such arrest, had reasonable cause to believe was lawful. (Added by Stats. 1992, Ch. 1135, Sec. 2. Effective January 1, 1993.)
  191. 14700.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. )

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    This section defines “lender” and “financial services” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. ) ## 14700. (a) “Lender” as used in this chapter means a bank, savings and loan association, savings bank, credit union, industrial bank, or other lender licensed to make loans in California or a subsidiary or an affiliate of one of those entities. (b) “Financial services” as used in this chapter means financial services or products that are considered to be financial in nature as described in Section 1843(k) of Title 12 of the United States Code. (Added by Stats. 2004, Ch. 197, Sec. 1. Effective January 1, 2005.)
  192. 14701.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. )

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    A person may not use a lender’s name or similar branding in certain financial-services solicitations without consent, and may not use it in a misleading way that could confuse consumers about sponsorship or endorsement.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. ) ## 14701. (a) No person shall include the name, trade name, logo, or tagline of a lender in a written solicitation for financial services directed to a consumer who has obtained a loan from the lender without the consent of the lender, unless the solicitation clearly and conspicuously states that the person is not sponsored by or affiliated with the lender and that the solicitation is not authorized by the lender, which shall be identified by name. This statement shall be made in close proximity to, and in the same or larger font size as, the first and the most prominent use or uses of the name, trade name, logo, or tagline in the solicitation, including on an envelope or through an envelope window containing the solicitation. (b) No person shall use the name of a lender or a name similar to that of a lender in a solicitation for financial services directed to consumers if that use could cause a reasonable person to be confused, mistaken, or deceived initially or otherwise as to either of the following: (1) The lender’s sponsorship, affiliation, connection, or association with the person using the name. (2) The lender’s approval or endorsement of the person using the name or the person’s services or products. (Added by Stats. 2004, Ch. 197, Sec. 1. Effective January 1, 2005.)
  193. 14702.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. )

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    A person may not use a consumer’s loan number or loan amount in a solicitation for services or products without the consumer’s consent.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. ) ## 14702. No person shall include a consumer’s loan number or loan amount, whether or not publicly available, in a solicitation for services or products without the consent of the consumer, unless the solicitation clearly and conspicuously states, when applicable, that the person is not sponsored by or affiliated with the lender and that the solicitation is not authorized by the lender, and states that the consumer’s loan information was not provided to that person by that lender. This statement shall be made in close proximity to, and in the same or larger font as, the first and the most prominent use or uses of the consumer’s loan information in the solicitation, including on an envelope or through an envelope window containing the solicitation. (Added by Stats. 2004, Ch. 197, Sec. 1. Effective January 1, 2005.)
  194. 14703.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. )

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    A person advertising or soliciting services or products may use a lender’s name, trade name, logo, or tagline without the Section 14701(a) statement if the use is only for comparing like services or products and the person is clearly identified or the use is nominative fair use.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. ) ## 14703. It is not a violation of this chapter for a person in an advertisement or solicitation for services or products to use the name, trade name, logo, or tagline of a lender without the statement described in subdivision (a) of Section 14701 if that use is exclusively part of a comparison of like services or products in which the person clearly and conspicuously identifies itself or that otherwise constitutes nominative fair use. Nothing in this chapter shall be deemed or interpreted to alter or modify the trade name and trademark laws of this state, including Chapter 2 (commencing with Section 14200) and Chapter 3 (commencing with Section 14400). (Added by Stats. 2004, Ch. 197, Sec. 1. Effective January 1, 2005.)
  195. 14704.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. )

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    A person who violates Sections 14701 or 14702 may be subject to an injunction, and successful parties may recover damages, costs, and reasonable attorney’s fees.

    ## Business and Professions Code - BPC ## DIVISION 6. BUSINESS RIGHTS [14000 - 14704] ( Division 6 added by Stats. 1941, Ch. 56. ) ## CHAPTER 4. Solicitations for Financial Services [14700 - 14704] ( Chapter 4 added by Stats. 2004, Ch. 197, Sec. 1. ) ## 14704. (a) A person who violates Section 14701 or 14702 shall be subject to an injunction against that use. In an action to enjoin a violation of subdivision (a) of Section 14701 or Section 14702, it is not necessary to allege or to prove actual damage to the plaintiff, and irreparable harm and interim harm to the plaintiff shall be presumed. In the action to enjoin a violation of subdivision (b) of Section 14701, affidavits that show consumers were confused, mistaken, or deceived as to a matter described in subdivision (b) of Section 14701 is prima facie evidence of damage and injury to the plaintiff. In addition to injunctive relief, the plaintiff is entitled to recover in the action the amount of the actual damages, if any, it sustained. (b) The prevailing party in an action brought under this chapter is entitled to recover its costs and reasonable attorney’s fees as the court may determine. (Added by Stats. 2004, Ch. 197, Sec. 1. Effective January 1, 2005.)
  196. 148.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. )

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    Boards, bureaus, and commissions may create a regulation-based administrative citation system for certain unlicensed persons, but the system must comply with Section 125.9 and cannot be used against unlicensed persons who are otherwise exempt.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. ) ## 148. Any board, bureau, or commission within the department may, in addition to the administrative citation system authorized by Section 125.9, also establish, by regulation, a similar system for the issuance of an administrative citation to an unlicensed person who is acting in the capacity of a licensee or registrant under the jurisdiction of that board, bureau, or commission. The administrative citation system authorized by this section shall meet the requirements of Section 125.9 and may not be applied to an unlicensed person who is otherwise exempted from the provisions of the applicable licensing act. The establishment of an administrative citation system for unlicensed activity does not preclude the use of other enforcement statutes for unlicensed activities at the discretion of the board, bureau, or commission. (Added by Stats. 1992, Ch. 1135, Sec. 2. Effective January 1, 1993.)
  197. 149.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. )

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    An agency may cite a person who advertises services without the required license or registration and can order the unlawful advertising stopped and the phone service tied to that advertising disconnected.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1.5. Unlicensed Activity Enforcement [145 - 149] ( Chapter 1.5 added by Stats. 1992, Ch. 1135, Sec. 2. ) ## 149. (a) If, upon investigation, an agency designated in Section 101 has probable cause to believe that a person is advertising with respect to the offering or performance of services, without being properly licensed by or registered with the agency to offer or perform those services, the agency may issue a citation under Section 148 containing an order of correction that requires the violator to do both of the following: (1) Cease the unlawful advertising. (2) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (b) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the agency in writing that he or she intends to contest the citation. The agency shall afford an opportunity for a hearing, as specified in Section 125.9. (c) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the agency shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (d) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service. (Amended by Stats. 2014, Ch. 395, Sec. 2. (SB 1243) Effective January 1, 2015.)
  198. 15.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    This section defines “section” and “subdivision” for the code, unless another statute or section is specifically mentioned.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 15. “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. (Enacted by Stats. 1937, Ch. 399.)
  199. 150.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The department is under the control of the Director of Consumer Affairs.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 150. The department is under the control of a civil executive officer who is known as the Director of Consumer Affairs. (Amended by Stats. 1971, Ch. 716.)
  200. 151.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The Governor appoints the Director of Consumer Affairs, and the director receives the annual salary set by law plus necessary traveling expenses.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 151. The director is appointed by the Governor and holds office at the Governor’s pleasure. The director shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, and the director’s necessary traveling expenses. (Amended by Stats. 2019, Ch. 351, Sec. 38. (AB 496) Effective January 1, 2020.)

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