California Code of Regulations › Title 4 - Business Regulations › Division 9 - Division of Measurement Standards, Department of Food and Agriculture › Chapter 8 - Motor Oil Fee › Section 4300 - Definition of "Motor Oil" and Other Terms for

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Purposes of Fee Responsibility. For purposes of fee
				  responsibility under Sections
				  13430
				  and
				  13431
				  of the Business and Professions Code the following definitions apply:
(a) "Motor oil" includes natural, synthetic
				and re-refined motor oils, whether or not in retail containers, and in
				addition, any product used as an additive to a motor oil used in the
				lubrication of internal combustion engines. Refinery base stocks, manufacturing
				additives used by motor oil dealers in the commercial compounding and
				production of motor oils, and other motor oil components are not motor oils for
				the purposes of fee responsibility unless they are used separately in the
				lubrication of internal combustion engines, in which case they are "motor oils"
				for the purpose of the fee responsibility.
(b) For purposes of this Chapter, the term
				"additive" when used alone, means any product to be added to the motor oil in
				the crankcase of an internal combustion engine for the purpose of reducing
				friction, heat or wear of the internal moving parts.
(c) "Internal combustion engine" means all
				engines producing power by internal combustion and includes 2-cycle and 4-cycle
				internal combustion engines and turbine engines. Internal combustion engines
				include engines powered by gasoline, ethanol, methanol, alcohol blended fuels,
				diesel, biodiesel, biodiesel blends, kerosene, hydrogen, compressed natural
				gas, liquefied petroleum gas, propane, or butane.
(d) "Motor oil dealer" means any person, firm
				or corporation engaged in the business of producing, importing, packaging or
				otherwise preparing motor oil for market or selling or distributing motor
				oil.
(e) "Motor oil dealer permit
				number" means the registration number provided by the Department to each motor
				oil dealer.
(f) "Date of sale" is
				the date of transfer of the motor oil to the purchaser, as evidenced by an
				invoice, voucher or bill of lading.
(g) "Quarter" means a three-month period
				during a fiscal year. For each fiscal year, the first quarter commences July 1
				and ends September 30, the second quarter commences October 1 and ends December
				31, the third quarter commences January 1 and ends March 31, and the fourth
				quarter commences April 1 and ends June 30, all inclusive.
(h) "Export" or "Exported" means the delivery
				or shipment of motor oil by the dealer from a point in California to a point
				outside of California when, pursuant to the contract of sale, the motor oil is
				delivered by the motor oil dealer to:
(1) The
				out of state point by facilities operated by the dealer; or
(2) A carrier, customs broker or forwarding
				agent for shipment to a location outside of California.
(3) A forwarding agent, export packer,
				customs broker or other person engaged in the business of preparing property
				for export, or arranging for its export to a location outside of California,
				or
(4) A vessel clearing from a
				port in California for a port outside of California. However, motor oil
				consumed during a voyage clearing a California port is not exempt.
The motor oil is not exported if it is diverted in transit,
				  for any reason, and is not actually delivered outside of California; regardless
				  of documentary evidence held by the dealer for delivery of that motor oil for
				  out-of-state shipment.