(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.

1. (1) It is unlawful for any person or company doing business solely in New York or advertising only in New York to advertise any device, apparatus, or mechanism which alters or modifies the original design or performance of any required air contaminant emission control system unless such part, apparatus, or mechanism has been exempted from the requirements of section 218-7.2(b) of this Subpart, and the limitations of the exemption, if any, are contained within the advertisement in type size to give reasonable notice of such limitations.

   1. (i) It is unlawful for any person to advertise, offer for sale, or install a part as an air contaminant emission control system or as an approved or certified device, when in fact such part is not an air contaminant emission control system or is not approved or certified by the department or by California.

   2. (ii) It is unlawful for any person to advertise, offer for sale, sell or install an add-on or modified part as a replacement part.

      (3)

   3. (i) Add-on and modified parts exempted in accordance with the California Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title) are deemed exempt for purposes of this Subpart.
   4. (ii) The department may exempt add-on and modified parts, including consolidated parts, that are not subject to the California Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title). The department must make this determination in accordance with the California Code of Regulations, title 13, section 2222 (see Table 1, section 200.9 of this Title).
   5. (iii) Each person engaged in the business of retail sale or installation of an add-on or modified part that has not been exempted from section 218-7.2(b) of this Subpart must maintain records of such activity that indicate date of sale, purchaser name and address, vehicle model and work performed if applicable. Such records must be open for inspection by the department or a designated representative of the department. All such records must be maintained for four years from the date of sale or installation.

   (2)

(b)