97-35-19 - Hydraulic brake fluid; sale of inferior quality unlawful; standards.
§ 97-35-19. Hydraulic brake fluid; sale of inferior quality unlawful; standards.
(1) It is the public policy of this state to prohibit the sale of inferior and dangerous qualities and grades of hydraulic brake fluid and only such hydraulic brake fluid which meets the minimum standard of the society of automotive engineers can be lawfully sold or offered for sale in this state. Containers which contain heavy duty hydraulic brake fluid which meets the minimum standards of the society of automotive engineers shall bear the stamp or mark "SAE 70R1," or a later SAE designator, stamp or mark may be used, if the same is assigned to the hydraulic brake fluid on the basis of its being an improved product. Any brands or types of such hydraulic brake fluid being offered for sale in this state after the effective date of this section which do not bear such a mark or stamp on the label of the container in which they are offered for sale, or meet such minimum standards, shall be impounded, taken up, taken off the market and returned to the seller or manufacturer.
(2) It shall be unlawful for any person to sell or offer for sale, any type or brand of hydraulic brake fluid which does not meet the minimum standards of the society of automotive engineers or the container of which does not bear the stamp or mark "SAE 70R1" or a later designator for an improved product, and it shall be unlawful for any person to mark any container of hydraulic brake fluid with the minimum standard number mentioned herein if the container does not in fact contain fluid which meets such minimum standards, or to offer for sale any such fluid which has been improperly marked. The State Chemist is hereby vested with all the rights, powers and duties necessary to administer this section and to adopt and promulgate reasonable rules and regulations for its accomplishment. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Ten Dollars ($10.00), nor more than Twenty-five Dollars ($25.00), for each violation, and each sale of such unlawful hydraulic brake fluid shall constitute a separate offense and violation of this section.
Sources: Codes, 1942, § 2233.5; Laws, 1956, ch. 244, §§ 1, 2; Laws, 1958, ch. 189, eff. January 1, 1959; Laws, 1986, ch. 395, § 28, eff from and after July 1, 1986.