California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices
Article 6 - Portable Fuel Containers and Spouts
Section 2467.8 - Enforcement
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If the Executive Officer finds any manufacturer, distributor, or retailer manufacturing for sale, advertising for sale, selling, or offering for sale in the State of California a portable fuel container system or its components that do not comply with the requirements set forth in this article, he or she may enjoin said manufacturer, distributor, or retailer from any further manufacture, advertisement, sales, offers for sale, or distribution of such noncompliant portable fuel container systems or their components in the State of California pursuant to section 43017 of the Health and Safety Code. The Executive Officer may also assess penalties to the extent permissible under Part 5, Division 26 of the Health and Safety Code and/or revoke any Executive Order issued for the noncompliant portable fuel container system or its components.
(b) Before seeking remedial action against any manufacturer, distributor, or retailer the Executive Officer will consider any information provided by the manufacturer, distributor, or retailer.
1. New
section filed 9-11-2000; operative 10-11-2000 (Register 2000, No.
37).
2. Change without regulatory effect renumbering newly adopted
section 2478 to new section 2467.8 filed
9-14-2000 pursuant to section
100, title 1, California Code of
Regulations (Register 2000, No. 37).
3. Repealer and new section
heading and section filed 9-11-2006; operative 10-11-2006 (Register 2006, No.
37).
4. Renumbering of former section 2467.8 to section
2467.7 and renumbering and
amendment of former section
2467.9 to section 2467.8 filed
2-2-2017; operative 4-1-2017 (Register 2017, No.
5).
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).