Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) As used in this section, the terms
"advertise" and "advertisement" include, but are not limited to, any notice,
announcement, information, publication, catalog, listing for sale, or other
statement concerning a product or service communicated to the public for the
purpose of furthering the sale of the product or service.
(b)
(1)
Except for publishers as provided in subsection 3, no person or company doing
business solely in California or advertising only in California shall advertise
any device, apparatus, or mechanism which alters or modifies the original
design or performance of any required motor vehicle pollution control device or
system unless such part, apparatus, or mechanism has been exempted from Vehicle
Code section
27156, and
the limitations of the exemption, if any, are contained within the
advertisement in type size to give reasonable notice of such
limitations.
(2) Except for
publishers as provided in subsection 3, no person or company doing business in
interstate commerce shall advertise in California any device, apparatus, or
mechanism which alters or modifies the original design or performance of any
required motor vehicle pollution control device or system and not exempted from
Vehicle Code section
27156 unless
each advertisement contains a legally adequate disclaimer in type size adequate
to give reasonable notice of any limitation on the sale or use of the device,
apparatus, or mechanism.
(3) No
publisher, after receipt of notice from the state board or after otherwise
being placed on notice that the advertised part is subject to and has not been
exempted from the provisions of Vehicle Code section
27156, shall
make or disseminate or cause to be made or disseminated before the public in
this state any advertisement for add-on or modified parts subject to the
provisions of this article, which have not been exempted from Vehicle Code
section
27156, unless
such advertisement clearly and accurately states the legal conditions, if any,
on sale and use of the parts in California.
(4) The staff of the state board shall
provide, upon request, model language which satisfies these
requirements.
(c) No
person shall advertise, offer for sale, or install a part as a motor vehicle
pollution control device or as an approved or certified device, when in fact
such part is not a motor vehicle pollution control device or is not approved or
certified by the state board.
(d)
No person shall advertise, offer for sale, sell, or install an add-on or
modified part as a replacement part.
(e) The executive officer may exempt add-on
and modified parts based on an evaluation conducted in accordance with the
"Procedures for Exemption of Add-on and Modified Parts," adopted by the state
board on November 4, 1977, as amended June 1, 1990, for exemption applications
submitted before January 1, 2022, or the "Procedures for Exemption of Add-On
and Modified Part(s) for On-Road Vehicles/Engines," adopted by the state board
on June 29, 2021, as amended March 23, 2023, hereby incorporated by reference,
for exemption applications received on or after January 1, 2022.
(f) Each person engaged in the business of
retail sale or installation of an add-on or modified part which has not been
exempted from Vehicle Code section
27156 shall
maintain records of such activity which indicate date of sale, purchaser name
and address, vehicle model and work performed if applicable. Such records shall
be open for reasonable inspection by the Executive Officer or his/her
representative. All such records shall be maintained for four years from the
date of sale or installation.
(g) A
violation of any of the prohibitions set forth in this section shall be grounds
for the Executive Officer to invoke the provisions of section
2225.
(h)
(1)
Prior to January 1, 2009, the Executive Officer shall exempt new aftermarket
catalytic converters from the prohibitions of California Vehicle Code sections
27156 and
38391 based
on an evaluation conducted in accordance with the "California Evaluation
Procedures for New Aftermarket Non-Original Equipment Catalytic Converters" as
adopted by the state board on August 19, 1988.
(2) On or after January 1, 2009, the
Executive Officer shall exempt new aftermarket catalytic converters from the
prohibitions of California Vehicle Code sections
27156 and
38391 based
on an evaluation conducted in accordance with the "California Evaluation
Procedures for New Aftermarket Catalytic Converters" as amended by the state
board on September 28, 2017, incorporated by reference herein.
(3) No person shall install, sell, offer for
sale or advertise, any new aftermarket catalytic converter in California unless
it has been exempted pursuant to the procedures as provided in this
subsection.
(4) For the purposes of
this regulation, a new aftermarket catalytic converter is a catalytic converter
which is constructed of all new materials, is not a replacement part as defined
in Title 13, California Code of Regulations, section
1900, and is not an original
equipment catalytic converter. A catalytic converter which includes any new
material or construction not equivalent to the materials or construction of the
original equipment catalytic converter (e.g., an original equipment catalytic
converter can with a new non-original equipment substrate) shall also be
considered a new aftermarket catalytic converter.
(i)
(1) On
or after July 1, 2008, or after 30 days from the date of filing of this
subsection with the Secretary of State, whichever is later, no person shall
install, sell, offer for sale, or advertise any used, recycled, or salvaged
catalytic converter in California.
(2) Prior to July 1, 2008, or 30 days from
the date of filing of this subsection with the Secretary of State, whichever is
later, no person shall install, sell, offer for sale or advertise, any used,
recycled, or salvaged catalytic converter in California unless the catalytic
converter has been exempted pursuant to the "Procedures for Exemption of Add-On
Parts and Modified Parts," adopted by the state board on November 4, 1977, as
amended June 1, 1990.
(3) For the
purposes of this regulation, a "used catalytic converter" is a catalytic
converter which is not a new aftermarket catalytic converter as defined in
Subsection (h)(4), or a replacement part as defined in section
1900.
(j) The Executive Officer shall exempt
aftermarket critical emission control parts on highway motorcycles from the
prohibitions of California Vehicle Code sections
27156 and
38391 based
on an evaluation conducted in accordance with the "California Evaluation
Procedures for Aftermarket Critical Emission Control Parts on Highway
Motorcycles," as adopted on January 22, 2009, which is incorporated by
reference herein.
(k)
(1) The Executive Officer shall exempt new
aftermarket diesel particulate filters for on-road heavy-duty diesel engines
from the prohibitions of California Vehicle Code section
27156 based
on an evaluation conducted in accordance with the "California Evaluation
Procedure for New Aftermarket Diesel Particulate Filters Intended as Modified
Parts For 2007 Through 2009 Model Year On-Road Heavy-Duty Diesel Engines," as
adopted on March 1, 2017, which is incorporated by reference herein.
(2) No person shall install, sell, offer for
sale, or advertise any new aftermarket diesel particulate filter for on-road
heavy-duty diesel engines in California unless it has been exempted pursuant to
the procedures as provided in this subsection.
(3) For the purposes of this subsection, a
new aftermarket diesel particulate filter is a diesel particulate filter which
is constructed of all new materials, is not a replacement part as defined in
section 1900, and is not an original
equipment diesel particulate filter. A diesel particulate filter which includes
any new material or construction not equivalent to the materials or
construction of the original equipment diesel particulate filter (e.g., an
original equipment diesel particulate filter can with a new, non-original
equipment substrate) shall also be considered a new aftermarket diesel
particulate filter.
(4) For the
purposes of this subsection, the term "original equipment diesel particulate
filter" is a new diesel particulate filter that is originally installed in a
new on-road heavy-duty diesel engine's certified emission control
system.
(5) No person shall
install, sell, offer for sale, or advertise any used, remanufactured,
refurbished, recycled, or salvaged diesel particulate filter in
California.
(6) For the purposes of
this subsection, a "used diesel particulate filter" is a diesel particulate
filter, which is not a new aftermarket diesel particulate filter, as defined in
subsection (k)(3), or a replacement part as defined in section
1900.
Note: Authority cited: Sections 39600, 39601, 43000,
43000.5, 43011 and 43107, Health and Safety Code; and Sections 27156, 38391 and
38395, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000, 43000.5,
43009.5, 43011, 43107, 43204, 43205, 43205.5 and 43644, Health and Safety Code;
and Sections 27156, 38391 and 38395, Vehicle Code.
Note: Authority cited: Sections 39600, 39601, 43000,
43000.5, 43011 and 43107, Health and Safety Code; and Sections 27156, 38391 and
38395, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000, 43000.5,
43009.5, 43011, 43107, 43204, 43205, 43205.5 and 43644, Health and Safety Code;
and Sections 27156, 38391 and 38395, Vehicle
Code.
