Brake Pads Frequently Asked Questions

The answer depends on whether the non-compliant brake pads are existing inventory which is allowed to be depleted until December 31, 2023, or if the brake pads are produced on or after January 1, 2014.

Yes. Under California Health and Safety Code (HSC) section 25250.60(c), a manufacturer of vehicle brake friction materials used in brakes on new motor vehicles or as replacement parts that are sold in the state shall certify compliance declaring that its formulation for brake friction materials complies with HSC section 25250.51’s restrictions.

A brake friction material manufacturer should:

• Mark their products as compliant with HSC section 25250.50 et.seq.
• Have their product certified by a testing certification agency (also referred to as the “registar”, e.g., NSF International (opens new window)) and marked with a “mark of proof” of certification on and after January 1, 2014

However, the depletion of inventory provision under HSC section 25250.51(b) does allow motor vehicle manufacturers and distributors, wholesalers, or retailers of replacement brake friction materials to continue to offer for sale brake friction materials not certified as compliant with the January 1, 2014 deadline solely for the purpose of depletion of existing inventories until December 31, 2023 [HSC section 25250.51(b)]. If your supplier is eligible under HSC section 25250.51(b), it may continue to sell any existing inventory as of January 1, 2014 without meeting the restrictions or the marking criteria. However, any inventory produced on and after the January 1, 2014 date must meet the content restrictions and must have marked proof of certification on edge codes.

Because the statute in California Health and Safety Code sections 25250.52 and 25250.53 refers specifically to “brake friction materials,” it is appropriate to include only the friction materials when calculating the percentage of copper by weight. In addition, the term “copper” is not restricted in the statute, and therefore should include all forms of copper including elemental copper and copper compounds.

Under the California law, there are no extension provisions for the January 1, 2014 deadline and the January 1, 2021 deadline. The California Brake Friction Material Law only included a provision for an extension to the 2025 requirements. [California Health and Safety Code (HSC) section 25250.54.]

The law does have a provision that allows motor vehicle manufacturers and distributors, wholesalers, or retailers of replacement brake friction materials to continue to offer for sale brake friction materials not certified as compliant with the January 1, 2014 deadline solely for the purpose of depletion of inventories until December 31, 2023 [HSC section 25250.51 (b)]. This means brake pads in existing inventory may continue to be sold as of January 1, 2014 without meeting the restrictions or the marking criteria for this purpose. However, any inventory produced for sale in California on and after the January 1, 2014 date must meet the HSC section 25250.51 restrictions for content and must have marked proof of certification on edge codes [HSC section 25250.60]. Under HSC section 25250.60(b), the law states “on and after January 1, 2014, any new motor vehicle offered for sale in the state shall be equipped with brake friction materials that comply with of Section 25250.51.”

Probably yes. California Health and Safety Code (HSC) section 25250.55(d) exempts motorcycles from regulation under HSC section 25250.50et.seq. The text of the exemption does not explicitly refer to the California Vehicle Code definition, however public policy supports reading the two codes together so that they do not directly conflict. If the vehicle in question fits the definition of a “motor vehicle” under HSC section 25250.50 and Vehicle Code section 670, its brake friction materials will be subject to regulation under HSC section 25250.50 et.seq., except if the vehicle fits the definition of “motorcycle” under the Vehicle Code.

The term “motorcycle” does not specifically include motorized bicycle, motorized quadricycle or motorized tricycle. Therefore, whether brake friction materials for all motorized bicycles, motorized quadricycles and motorized tricycles will be subject to regulation under California Health and Safety Code (HSC) section 25250.50 et.seq. is dependent on whether they fall within the definition of “motor vehicle” in our statute and California Vehicle Code section 670.

HSC section 25250.50(f) states that “Motor vehicle” and “vehicle” have the same meaning as the definition of “Vehicle” in Section 670 of the California Vehicle Code [HSC section 25250.50(f)]. Further, California Vehicle Code section 670 defines “vehicle” as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks” (California Vehicle Code section 670, emphasis added). Therefore, to the extent that the motorized bicycle, motorized quadricycle or motorized tricycle may be propelled, moved, or drawn upon a highway it is subject to the requirements of HSC section code section 25250.50 et.seq.

No. The “small volume manufacturer” as defined by California Code Regulations, Title 13, section 1900 (b)(22), limits the definition to vehicle manufacturers and does not extend the exemption to manufacturers of brake friction materials independent of a vehicle.

Probably not. HSC section 25250.50(f) states that “Motor vehicle” and “vehicle” have the same meaning as the definition of “Vehicle” in Section 670 of the Vehicle Code [California Health and Safety Code section 25250.50(f)]. Further, California Vehicle Code section 670 defines “vehicle” as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” (California Vehicle Code section 670 emphasis added). What types of vehicles may or may not be drawn upon a highway are governed by the California Vehicle Code. For example:

• width constraints on “vehicles” are dictated by Vehicle Code sections 35100-35111,
• height constraints are dictated by Vehicle Code section 35250,
• length constraints are dictated by Vehicle Code section 35400,
• overhang constraints are dictated by Vehicle Code sections 35410-35411, and
• weight constraints are dictated by Vehicle Code sections 35550-35558.

Lastly, only “motor vehicle” brake friction materials are the subject of the prohibitions of HSC sections 25250.51-25250.53. Therefore if a vehicle does not meet the definition of “vehicle” in Vehicle Code section 670, or is otherwise disallowed from being propelled, moved or drawn upon a highway, it will not be subject to the requirements of HSC sections 25250.51-25250.53. If the vehicle in question may not legally be propelled, moved or drawn upon a highway, it may not be considered a “vehicle” under the California Vehicle Code. Therefore vehicles that may be designed for use off highway, may be subject to HSC sections 25250.51-53 if they fall within the parameters of vehicles which may be drawn upon a highway and are not otherwise prohibited by the Vehicle Code.

Yes. The definition of “motorized scooter” in California Vehicle Code section 407.5(a) states that “for purposes of this section a motorcycle, as defined in Section 400…is not a motorized scooter.”

No. Under the California Health and Safety Code section 25250.55(c), “brakes designed for the primary purpose of holding the vehicle stationary and not designed to be used while the vehicle is in motion” such as parking brakes are exempt.

California Health and Safety Code (HSC) sections 25250.50 et.seq. includes not only passenger vehicles but all “vehicles” under the California Vehicle Code section 670. For example, this law applies to trailers, tractor trailers and boat trailers, which are also captured by the definition of “vehicle” in the California Vehicle Code and some “off highway” vehicles.

HSC section 25250.50(f) states that “Motor vehicle” and “vehicle” have the same meaning as the definition of “Vehicle” in Section 670 of the Vehicle Code (HSC section 5250.50(f)). Further, California Vehicle Code section 670 defines “vehicle” as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” (California Vehicle Code section 670 emphasis added.) What types of vehicles may or may not be drawn upon a highway are governed by the California Vehicle Code.

Specific exemptions have been given to the following motor vehicle classes under HSC section 25250.55 which include:

1. Military tactical support vehicles.
2. Vehicles employing internal closed oil immersed brakes, or a similar brake system that is fully contained and emits no copper, other debris, or fluids under normal operating conditions.
3. Brakes designed for the primary purpose of holding the vehicle stationary and not designed to be used while the vehicle is in motion.
4. Motorcycles.
5. Motor vehicles subject to voluntary or mandatory recalls of brake friction materials or systems due to safety concerns. This exemption shall expire upon the lifting of the recall and provision of new brake friction materials that comply with this article.
6. Motor vehicles manufactured by small volume manufacturers, as defined in Section 1900 of Title 13 of the California Code of Regulations.
7. Vehicles manufactured prior to January 1, 2021, and brake friction materials for use on vehicles manufactured prior to January 1, 2021, from the requirements of Section 25250.52.
8. Vehicles manufactured prior to January 1, 2025, and brake friction materials for use on vehicles manufactured prior to January 1, 2025, from the requirements of Section 25250.53.
9. Vehicles for which an extension from the requirements of Section 25250.53 was approved pursuant to Section 25250.54. (Please note: This exemption will not be available until after January 1, 2019. The extension referred to is only for brake friction material formulations that need additional time in order to meet the restrictions that go into effect on January 1, 2025).

All trailers, including tractor trailers and boat trailers, are captured by the definition of “vehicle” under the California Vehicle Code section 670.

DTSC can ensure that all testing agencies potentially meeting the definition of “testing certification agency” in California Health and Safety Code section 25250.50(g) are given equal treatment under this law through existing regulations adopted by DTSC.

Yes. DTSC is required to approve the testing criteria and procedures for brake friction materials and the certification requirements for laboratories as defined under California Health and Safety Code sections 25250.60 (a) and 25250.50(g).

The California law requires that a “Testing Certification Agency” (registrar) serve as the official source for registering and certifying brake friction materials for compliance. The “testing certification agency” is defined as “a third-party testing certification agency that is utilized by a vehicle brake friction materials manufacturer and that has an accredited laboratory program that provides testing in accordance with the certification agency requirements that are approved by the department.”

Under the California law, a Testing Certification Agency (Registrar) uses an accredited laboratory to certify compliance. The accredited laboratory is “…an accredited laboratory program that provides testing for the following constituents: cadmium and its compounds, chromium (VI) salts, lead and its compounds, mercury and its compounds, asbestiform fibers, and copper and its compounds.” The accredited laboratory needs to either meet the ISO 17025 standard or be accredited by the National Environmental Laboratory Accreditation Program (NELAP). If the analytical laboratory is accredited under the International Laboratory Accreditation Cooperation (ILAC) agreement and can perform the methods listed in SAE J 2975-2013 then the results from this laboratory would be acceptable to the department. If the laboratory is ILAC accredited but uses an alternative analysis method that may be equivalent to one or more methods listed in SAE J 2975-2013, the department would like to review the method(s) to confirm equivalence prior to testing.

The department published guidelines for the brake friction material manufacturers regarding the obligations of testing certification agencies (registrars) which intend to certify the content of brake friction materials offered for sale in California. The guidelines are intended to provide an outline of the minimum criteria for the testing certification agency which will certify products for sale in California.

An organization that is interested in becoming a testing certification agency (registrar) should also contact the Automotive Aftermarket Suppliers Association (AASA) to find out more about sublicensing their package mark, the AASA LeafMarks. Although a packaging mark is not required under the California law, the use of the packaging mark is not prohibited in California. Please note that the State of Washington’s regulations for brake friction material require the packaging mark.

A chemical analysis laboratory that meets the ISO 17025 standard, is accredited by the National Environmental Laboratory Accreditation Program (NELAP), or is accredited under the International Laboratory Accreditation Cooperation (ILAC) agreement will ensure the completed analyses comply with California’s restriction of heavy metals in brake friction material on January 1, 2014. The chemical analysis laboratory must also be able to perform the methods listed in SAE J 2975-2013. If the accredited laboratory uses an alternative analysis method that may be equivalent to one or more methods listed in SAE J 2975-2013, then the Washington State Department of Ecology and the DTSC need to review the method(s) to confirm equivalence prior to testing.

Both California and Washington State do not require the chemical analysis laboratory to be a third-party laboratory. However, the California law does require the brake friction material to be certified by a registrar who may have additional requirements/conditions that may prevent or restrict the use of in-house laboratories.

To meet the certification requirements under the California law, you need to do the following:

1. TESTING: Test your brake friction material per the Society of Automotive Engineers (SAE) Standard J2975 at a laboratory approved by the testing certification agency (a.k.a., registrar). NSF International has been identified by the industry as the testing certification agency and has identified Link Engineering, EMSL Analytical, Inc., and NSF International as approved testing facilities.
2. CERTIFICATION: Certify your brake friction material with NSF International. Under the California Brake Pad law, the certification of brake friction material is performed by the testing certification agency which is NSF International. NSF describes their certification process on their Web site.
3. MARK PROOF: Mark certified product with the “mark of proof” per the format provided in SAE Standard J866.

Please refer to the Self-Certification of Compliance section in the California Code of Regulations, title 22, section 66387.3 for more details.

Consumers will be able to submit complaints by either calling the DTSC Waste Alert Hotline at (800) 698-6942 or submitting a complaint online using the Cal/EPA Environmental Complaint Form.

The DTSC Enforcement Web page has documents that give an overview of the process used by DTSC for enforcement. DTSC’s Enforcement Response Policy describes the violation classification system and summarizes the enforcement options that the DTSC may pursue for violations. A copy of DTSC’s policy and procedures for posting enforcement response documents to the DTSC website is also available.

The California brake pad law only requires the manufacturer to certify their formulation with the testing certification agency (in this case, NSF International) and have the mark of proof (edge code) on the brake pad. (California Health and Safety Code section 25250.60.) The State of Washington requires a packaging mark to be on products sold in their state starting January 1, 2015 (Washington Administrative Code 173-901-090(2)). To be compliant in both states one must meet the legal requirements of both states.

Any industry dealing with the sale of brake friction materials must be aware and comply with the restrictions which began on January 1, 2014 as outlined under California Health and Safety Code (HSC) section 25250.51. Other restrictions will go into effect on January 1, 2021 (HSC section 25250.52) and January 1, 2025 (HSC section 25250.53). HSC section 25250.51 prohibits the sale of noncompliant brake pads. Retailers must not sell brake friction materials that are not compliant with HSC sections 25250.50 et.seq.

We recommend maintaining records on all compliance activities including but not limited to:

1. the brake pads purchased and in your inventory before January 1, 2014 to show the brake pads are eligible for the sell-off period that ends on December 31, 2023 (see generally HSC section 25250.51), and
2. the brake pads that meet an exemption category listed in HSC section 25250.55 to document your decision.

We also recommend that you become familiar with the mark of proof for compliant material as described in the Society of Automotive Engineers (SAE) Standard J 866-2012.

You are not required to document on the customer’s invoice that the brake pads being installed are compliant with the California Health and Safety Code sections 25250.50 et.seq. The level of documentation an individual retailer requires is up to the discretion of that retailer.

DTSC will be focusing on compliance, education and outreach in 2014. DTSC will not comment upon potential enforcement strategies and/or methods.

The California Brake Pad law has a sell off provision under California Health and Safety Code (HSC) section 25250.51(b) for the restrictions on January 1, 2014. The actual text from HSC 25250.51 is provided below for reference:

“(a) On and after January 1, 2014, any motor vehicle brake friction materials containing any of the following constituents in an amount that exceeds the following concentrations shall not be sold in this state:

1. Cadmium and its compounds: 0.01 percent by weight.
2. Chromium (VI)-salts: 0.1 percent by weight.
3. Lead and its compounds: 0.1 percent by weight.
4. Mercury and its compounds: 0.1 percent by weight.
5. Asbestiform fibers: 0.1 percent by weight.

(b) Motor vehicle manufacturers and distributors, wholesalers, or retailers of replacement brake friction materials may continue to sell or offer for sale brake friction materials not certified as compliant with subdivision (a) solely for the purpose of depletion of inventories until December 31, 2023.”

Legislation passed in 2013 (AB 501, effective January 1, 2014) added subdivision (c) to HSC section 25250.51 as follows:

“(c) Notwithstanding subdivision (b), motor vehicle dealers may continue to sell or offer for sale brake friction material not certified as compliant with subdivision (a) if the brake friction material was installed on a vehicle before the vehicle was acquired by the dealer.”

HSC section 25250.51 therefore allows any “motor vehicle manufacturers and distributors, wholesalers, or retailers of replacement brake friction materials” to continue to sell any existing inventory as of January 1, 2014 without meeting the constituent restrictions or the marking criteria. However, any inventory produced or acquired by motor vehicle manufacturers and distributors, wholesalers, or retailers of replacement brake friction materials after the January 1, 2014 date must meet the above restrictions for content. Compliant brake pads will also have marked proof of certification on the brake pad by the manufacturer (see HSC section 25250.60).

California Health and Safety Code sections 25250.50 et.seq. only prohibits sale of non-compliant brake pads, not installation.

California Health and Safety Code sections 25250.50 et.seq. prohibits all sale of non-compliant brake friction materials. Individual businesses must use due diligence in order to show that brake friction materials were obtained in good faith. It is recommended that businesses request a distributor or supplier to provide the business with the mark of proof and confirm that the mark is listed on the certified Friction Material Program maintained by NSF International.

California, the State of Washington, and the Society of Automotive Engineers (SAE) have worked together to develop a standard for the “mark of proof” that can be used in both states. SAE Standard J 866-2012 describes the format of the “mark of proof” and meets California Health & Safety Code section 25250.60(j) in regards to showing “a consistent date format, designation, and labeling to facilitate acceptance in all 50 states and United States territories for purposes of demonstrating compliance with all applicable requirements.” Examples of acceptable placement of the “mark of proof” on a brake pad are shown in the State of Washington Guidance for Marking Brake Friction Material.

The law provides for civil penalties of up to $10,000/violation (California Health and Safety Code section 25250.62(a)). In assessing the amount of the penalty, DTSC shall consider the circumstances of the violation, including but not limited to, the amount of non-compliant brake material offered for sale, whether previous violations have occurred, as due diligence in determining that the brake friction materials offered for sale were compliant and whether the violation merits the imposition of a fine.

The “California Brake Pad Law” as enacted by the legislature does not contain a requirement that documentation in the form of a letter should be supplied by a distributor to an auto repair shop regarding a distributor’s claim that brake pads supplied by the distributor comply with the “California Brake Pad Law.” However, DTSC recommends the following documentation:

1. If the distributor or supplier claims the brake pads meet the requirements for the sell-off period described under Health and Safety Code (HSC) section 25250.51(b), then the DTSC recommends the auto repair shop obtain a letter from the distributor or supplier clearly stating this claim.
2. If the distributor or supplier claims the brake pads meet one of the restrictions stated in HSC sections 25250.51, 25250.52, or 25250.53, then the DTSC recommends the auto repair shop obtain a letter from the distributor or supplier clearly stating the claim and provide information that allows the auto repair shop to verify the claim such as the formulation ID number (e.g., edge code™ number) as posted on the NSF International certified friction material website.

Yes, the DTSC is the agency authorized to enforce Article 13.5, Chapter 6.5, Division 20, Health and Safety Code [California Health and Safety Code (HSC) section 25250.62(b)]. While DTSC is interested in maximizing its resources through cooperation with other regulatory agencies such as the Bureau of Automotive Repair, the statute does not provide a mechanism for the DTSC to “authorize” other agencies to enforce these statutes. Under existing authority granted by HSC section 25180, a local health officer or local public officers designated by the DTSC director may enforce the standards in Chapter 6.5, Division 20, Health and Safety Code [HSC section 25180(a)(1)].