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 off-road vehicle, engine, or equipment
pollution control device or system unless such part, apparatus, or mechanism
has been exempted from Vehicle Code (VC) Sections 27156, 38391 or California
Code of Regulations (CCR), Title 13, Section
2472, 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 off-road vehicle,
engine, or equipment pollution control device or system and is not exempted
from VC Sections 27156, 38391 or CCR, Title 13, Section
2472, 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 VC Sections 27156, 38391 or CCR, Title 13, Section
2472, 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 VC Sections 27156, 38391 or CCR,
Title 13, Section
2472, 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 an off-road vehicle, engine, or equipment pollution
control device or as an exempted device, when in fact such part is not an
off-road vehicle, engine, or equipment pollution control device or is not
approved or exempted 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 for Off-Road
Categories," adopted July 14, 2000, as last amended June 5, 2009, which is
hereby incorporated by reference herein.
(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 VC Sections 27156, 38391 or CCR, Title 13, Section
2472 shall maintain records of
such activity which indicate date of sale, purchaser name and address, vehicle,
engine, or equipment 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
2476.
(h)
(1) The
executive officer shall exempt new aftermarket non-original equipment catalytic
converters for off-road vehicles, engines, and equipment from the prohibitions
of VC Sections 27156, 38391 or CCR, Title 13, Section
2472 based on an evaluation
conducted in accordance with the "California Evaluation Procedures for New
Aftermarket Non-Original Equipment Catalytic Converters for Off-Road Vehicles,
Engines, and Equipment," adopted October 1, 1999, which is hereby incorporated
by reference herein.
(2) No person
shall install, sell, offer for sale or advertise any new non-original equipment
aftermarket catalytic converter for off-road vehicles, engines, and equipment
in California that has not been exempted pursuant to the procedures as provided
in this subsection.
(3) For the
purposes of this regulation, a new non-original equipment aftermarket catalytic
converter for off-road vehicles, engines, and equipment is a catalytic
converter which is constructed of all new materials and is not a replacement
part as defined in Title 13, CCR, Section
1900, or which includes any new
material or construction which is not equivalent to the materials or
construction of the original equipment converter for off-road vehicles,
engines, and equipment.
(i)
(1) No
person shall install, sell, offer for sale or advertise any used catalytic
converter for off-road vehicles, engines, or equipment in California unless
such catalytic converter has been exempted pursuant to the "Procedures for
Exemption of Add-On and Modified Parts for Off-Road Categories," adopted July
14, 2000, as last amended June 5, 2009, which is hereby incorporated by
reference herein.
(2) No person
shall install, sell, offer for sale or advertise any recycled or salvaged used
catalytic converter for off-road vehicles, engines, and equipment in California
unless such converters have been exempted from the prohibitions of VC Sections
27156, 38391 or CCR, Title 13, Section
2472 pursuant to the procedures
provided in this subsection.
(3)
For the purposes of this regulation, a "used catalytic converter" for off-road
vehicles, engines, and equipment is a catalytic converter which is not a new
aftermarket non-original equipment catalytic converter for off-road vehicles,
engines, and equipment as defined in subsection (h)(3), or a replacement part
as defined in Title 13, CCR, Section
1900.
(j)
(1) The
executive officer shall exempt alternative fuel conversion systems for off-road
vehicles, engines, and equipment from the prohibitions of VC Sections 27156,
38391 or CCR, Title 13, Section
2472 based on an evaluation
conducted in accordance with the "California Certification and Installation
Procedures for Systems Designed to Convert Off-Road Vehicles, Engines, and
Equipment to Use Alternative Fuels," adopted October 1, 1999, which is hereby
incorporated by reference herein.
(2) No person shall install any alternative
fuel conversion system for off-road vehicles, engines, and equipment in
California unless the alternative fuel conversion system has been exempted and
installed in accordance with the procedures and requirements pursuant to the
"California Certification and Installation Procedures for Systems Designed to
Convert Off-Road Vehicles, Engines, and Equipment to Use Alternative Fuels,"
adopted October 1, 1999, which is hereby incorporated by reference
herein.
1. New
section filed 8-29-2000; operative 9-28-2000 (Register 2000, No.
35).
2. Amendment of subsections (e) and (i)(1) filed 7-17-2009;
operative 8-16-2009 (Register 2009, No. 29).
Note: Authority cited: Sections 39600, 39601, 43013 and
43018, Health and Safety Code. Reference: Sections 39002, 39003, 43000,
43000.5, 43013, 43017 and 43018, Health and Safety Code; and Sections 27156,
38391 and 38395, Vehicle Code.
