1. (a) This Article does not apply to any portable fuel container system or its components manufactured in California for shipment, sale, and use outside of California.

2. (b) This Article does not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a portable fuel container system or its components that do not comply with the certification requirements specified in sections 2467.2(b) and (c), as long as the manufacturer or distributor can demonstrate that: (1) the portable fuel container system or its components are intended for shipment and use outside of California; and (2) the manufacturer or distributor has taken reasonable prudent precautions to assure that the portable fuel container system or its components are not distributed to California.

   This subsection (b) does not apply to portable fuel container systems or their components that are sold, supplied, or offered for sale by any person to retail outlets in California.

3. (c) This Article does not apply to safety cans meeting the requirements of title 29, Code of Federal Regulations part 1926, subpart F (§ 1926.150 et seq.).
4. (d) This Article does not apply to portable fuel container systems with a nominal capacity less than or equal to one quart.
5. (e) This Article does not apply to rapid refueling devices with nominal capacities greater than or equal to four gallons, provided such devices are designed for use in officially sanctioned off-highway motor sports such as car racing or motorcycle competitions and either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank.
6. (f) This Article does not apply to portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and an outboard marine engine for the purpose of operating the outboard marine engine.
7. (g) This Article does not apply to closed-system portable fuel container systems that are used exclusively for fueling remote control model airplanes.

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, 121Cal.Rptr. 249 (1975).

History

1. New section filed 9-11-2000; operative 10-11-2000 (Register 2000, No. 37).

2. Change without regulatory effect renumbering newly adopted section 2473 to new section 2467.3 and amending subsection (b) filed 9-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).

3. Amendment of subsections (b), (c) and (e) and new subsection (g) filed 9-11-2006; operative 10-11-2006 (Register 2006, No. 37).

4. Amendment filed 2-2-2017; operative 4-1-2017 (Register 2017, No. 5).