Section 2468.4 - Exemptions(a) This article does not apply to any portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb manufactured and delivered to a California retail outlet prior to the dates governing the performance standards listed in "CP-510, Certification Procedure for Portable Outboard Marine Tanks and Components, adopted July 20, 2009."(b) This article does not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb that does not comply with the Performance Standards specified in Sections 2468.1 (a) or 2468.2 (a) as long as the manufacturer or distributor can demonstrate that: (1) the portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb is intended for shipment and use outside of California; and(2) that the manufacturer or distributor has taken reasonable prudent precautions to assure that the portable outboard marine tank, portable outboard marine tank self sealing cap, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulb is not distributed to or within California. The exemption in this subsection (b) does not apply to portable outboard marine tanks, portable outboard marine tank self sealing caps, portable outboard marine tank fuel hose, or portable outboard marine tank primer bulbs that are sold, supplied, or offered for sale by any person to retail outlets in California.Cal. Code Regs. Tit. 13, § 2468.4
1. New section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38). 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).
1. New section filed 9-16-2009; operative 10-16-2009 (Register 2009, No. 38).