Travers

This appeal from misdemeanor convictions in the Municipal Court to the Appellate Department of the Superior Court of the County of San Mateo was transferred to this court upon certification pursuant to rule 62 of the California Rules of Court. The question presented is whether the acts proscribed by certain provisions of the Business and Professions Code are strict liability offenses. The subject statutes are section 20911, subdivision (b) (selling or assisting in the sale of motor oil falsely represented as to brand or SAE number), section 20911, subdivision (c) (permitting another to sell oil as proscribed by § 20911, subd. (b)), section 20840 (offering motor oil for sale without labeling it as to name and brand), and section 20843 (selling reclaimed motor oil without clearly marking the product as such). Defendant was convicted of violating these statutes and his conviction was affirmed by the Appellate Department of the Superior Court of the County of San Mateo.

The convictions arose out of the following set of circumstances: Defendant is the owner of a service station in Daly City where petroleum products were sold by his employee, Greg Mitchell. Misrepresentations…