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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 27

SALE BY WEIGHT OR MEASURE

License Fees for Weighing and Measuring Devices

603-027-0030

License Fees and Categories

The annual license fees for weighing or measuring instruments or devices, as provided for in ORS 618.136 and 618.141 are as follows:

License Period 2007-2009 — 2009-2011

(1) Discrete Weighing Devices (mfr. rated capacity):

(a) 0-400 pounds — $37.00; — $39.00;

(b) 401-1,160 pounds — $76.00; — $80.00;

(c) 1,161-7,500 pounds — $153.00; — $161.00;

(d) 7,501-60,000 pounds — $230.00; — $242.00;

(e) Over 60,000 pounds — 230.00; — $242.00;

(f) Static Railroad Track Scales — $1000.00; — $1051.00.

(2) Continuous Weighing Systems (mfr. rated capacity):

(a) Under 10 tons/hour — $290.00; — $304.00;

(b) 10-150 tons/hour — $450.00; — $473.00;

(c) 151-1,000 tons/hour — $900.00; — $946.00;

(d) Over 1,000 tons/hour — $2000.00;— $2101.00;

(e) In motion railroad track scales — $1000.00; — $1051.00.

(3) Liquid Fuel Metering Devices for Noncorrosive Fuels Contained at Atmospheric Pressure (max. device flowrate):

(a) Under 20 gal/min — $30.00; — $32.00;

(b) 20-150 gal/min — $153.00; — $161.00;

(c) Over 150 gal/min — $230.00; — $242.00.

(4) Special Liquid Fuel Measuring Equipment:

(a) Liquefied Petroleum Gas meters:

(A) 1" pipe diameter or under — $230.00;— $242.00;

(B) Over 1" pipe diameter — $230.00;— $242.00.

(b) Liquefied Petroleum Gas Vapor-Measuring Devices:

(A) 1" pipe diameter or under — $15.00;

(B) Over 1" pipe diameter — $20.00.

(5) Effective July 1, 2011 through June 30, 2016, yearly increases to the weighing or measuring instrument or device license fees published in this administrative rule shall not exceed 2% annually and will be adopted through rule.

Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS 618.136 & 618.141
Hist.: AD 1025(15-74), f. 4-30-74, ef. 7-1-74; AD 1083(6-76), f. 3-5-76, ef. 7-1-76; AD 13-1977, f. & ef. 6-17-77; AD 18-1977, f. & ef. 8-19-77; AD 5-1983, f. & ef. 5-4-83; AD 7-1984, f. & ef. 4-18-84; AD 8-1990, f. 4-5-90, cert. ef. 7-1-90; AD 3-1992, f. & cert. ef. 4-9-92; AD 12-1996, f. & cert. ef. 12-10-96; DOA 10-2002, f. & cert. ef. 3-7-02; DOA 11-2007(Temp), f. 6-25-07, cert. ef. 7-1-07 thru 12-21-07; DOA 17-2007, f. & cert. ef. 11-8-07

Weights and Measures Packaging and Labeling Requirements

603-027-0105

Application

The Weights and Measures Packaging and Labeling requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements adopted by the National Conference on Weights and Measures, as published by the U.S. Department of Commerce in its NIST (National Institute of Standards and Technology Handbook 130 2009 Edition, entitled "Uniform Laws And Regulations in the areas of legal metrology and motor fuel quality".

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 618
Stats. Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.211, 618.216, 618.221, 618.226, 618.231 & 618.246
Hist.: AD 1011(1-74), f. 1-7-74, ef. 1-25-74; AD 12-1984, f. & ef. 9-24-84; AD 15-1986, f. & ef. 12-19-86; AD 8-1990, f. & cert. ef. 4-5-90; AD 3-1992, f. & cert. ef. 4-9-92; AD 12-1996, f. & cert. ef. 12-10-96; DOA 17-2000, f. & cert. ef. 6-14-00; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07; DOA 19-2010, f. & cert. ef. 9-14-10

603-027-0170

Package Checking Procedures

The procedures for checking the accuracy of the net content statement on packaged goods shall be those adopted by the National Conference on Weights and Measures, and contained in the Fourth Edition of NIST Handbook 133, published by the United States Department of Commerce National Institute of Standards and Technology (NIST), January 2005 and entitled "NIST Handbook 133 Checking the Net Contents of Packaged Goods."

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.211, 618.221 & 618.231
Hist.: AD 15-1986, f. & ef. 12-19-86; AD 8-1990, f. & cert. ef. 4-5-90; AD 3-1992, f. & cert. ef. 4-9-92; AD 12-1996, f. & cert. ef. 12-10-96; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07

603-027-0180

Examination Procedures for Price Verification.

The procedures for price verification and accuracy in any store, including those that use Universal Product Code (U.P.C.) scanners and price-look-up codes at the checkout counter as a means for pricing, shall be those adopted by the National Conference on Weights and Measures, and contained in the National Institute of Standards and Technology (NIST) Handbook 130 2009 Edition, entitled "Uniform Laws And Regulations in the areas of legal metrology and engine fuel quality," subsection "Examination Procedure for Price Verification."

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.076, 618.081, 618.096, 618.201 & 618.236
Hist.: DOA 17-2000, f. & cert. ef. 6-14-00; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07; DOA 19-2010, f. & cert. ef. 9-14-10

Weights and Measures Requirements as to Methods of Sale of Commodities

603-027-0206

Weights and Measures Requirements

The weights and measures requirements as to methods of sale of all food and nonfood commodities shall be the requirements adopted by the National Conference on Weights and Measures, as published by the United States Department of Commerce in its NIST (National Institute of Standards and Technology) Handbook 130 2009 Edition, entitled "Uniform Regulation for the Method of Sale of Commodities."

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561, 618 & 621
Stats. Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.206, 618.226, 618.236, 618.241 & 618.246
Hist.: AD 12-1984, f. & ef. 9-24-84; AD 15-1986, f. & ef. 12-19-86; AD 8-1990, f. & cert. ef. 4-5-90; AD 3-1992, f. & cert. ef. 4-9-92; AD 12-1996, f. & cert. ef. 12-10-96; DOA 17-2000, f. & cert. ef. 6-14-00; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07; DOA 19-2010, f. & cert. ef. 9-14-10

603-027-0220

Exceptions to the National Institute of Standards and Technology Handbook 130 (2009 Edition)

The following exceptions and amendments are made to said handbook identified in OAR 603-027-206 Method of Sale of Commodities:

(1) Ready-to-Eat Food Definition. Change Section 1.12.1. Definition to read as follows: “‘Ready-to-Eat Food’ is restaurant-style food offered or exposed for sale without additional cooking or preparation, whether in restaurants, supermarkets, or similar food service establishments, packaged on the premises for convenience and presentation, and that is ready for consumption, though not necessarily on the premises where sold. Ready-to-Eat Food does not include sliced luncheon products, such as meat, poultry, or cheese when sold separately.”

(2) Ready-to-Eat Food Methods of Sale. Change Section 1.12.2. Methods of Sale to read as follows: “Ready-to-Eat Food sold from bulk, or in servings packed on the premises, may be sold by weight, measure, or count (count includes servings) provided that:

(a) When Ready-to-Eat Foods are sold by count or measure, when such methods of sale are not customary, they shall be offered for sale by count or measure in areas of the establishment where customers would expect to find Ready-to-Eat Foods (e.g. Deli Section, Produce Section, etc.); and

(b) When Ready-to-Eat Foods are offered for sale near similar products packaged off of the premises, the Ready-to-Eat Foods shall be sold by the same method of sale as similar products.”

Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS 618.016, 618.031, 618.066, 618.201, 618.206, 618.211, 618.216, 618.221, 618.226, 618.231, 618.236 & 618.246
Hist.: DOA 17-2000, f. & cert. ef. 6-14-00; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07; DOA 19-2010, f. & cert. ef. 9-14-10

603-027-0370

Sawdust, Barkdust, Decorative Wood Particles, and Similar Products

(1) As used in this rule, "Unit" means a standard volume equal to 200 cubic feet.

(2) Method of Sale. Quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk materials when advertised, offered for sale, or sold within the state shall be in terms of cubic measure or units and fractions thereof.

Stat. Auth.: ORS 561.190 & ORS 618.136 - ORS 618.246
Stats. Implemented: ORS 561.190 & ORS 618.136 - ORS 618.246
Hist.: AD 1012(2-74), f. 1-10-74, ef. 2-11-74

603-027-0395

Liquefied Petroleum Gas (LPG)

(1) As used in this rule, "Liquefied Petroleum Gas," "LP Gas," or "LPG" means a petroleum product composed predominantly of any of the hydrocarbons propane, propylene, butane (normal or iso), butylene, or mixtures thereof, maintained in the liquid state.

(2) Method of Sale. Liquefied petroleum gas shall be sold by weight or liquid measure determined from legal devices as provided in ORS 618.121 and 618.141. Customer charges for LP gas purchased at retail shall be computed only on the basis of the net weight or liquid measure received by the purchaser but may, for deliveries of two gallons or eight pounds or less, include an additional "bottle filling service charge" if the retailer so chooses and has clearly disclosed the use of the additional service charge. "Clearly disclosed" for bottle filling service charge means that both:

(a) The additional dollar amount for the filling charge; and

(b) The conditions under which the additional bottle filling service charge applies, are displayed by the retailer in a clear and conspicuous manner on both the dispensing device and on all signs advertising the price of LP-gas at that site. Minimum transaction charges based solely on the size of the customer's LP-gas container or set at flat or fixed dollar amounts without regard to the actual quantity of LP-gas remaining in or delivered by the retailer into the customer's container(s) are prohibited.

(3) Pressure Differential System. In the process of measuring liquefied petroleum gas for the purpose of sale whenever a meter is used for the purpose of determining the quantity, a pressure differential between vessels shall not be obtained by use of a vapor pump or compressor, unless the vapor being transferred to the dispensing vessel is accurately measured by means of an accepted and approved vapor meter and the quantity of such vapor is deducted from the LPG delivered.

(4) Use of External Heat Source. The use of an external source of heat or energy which contributes to the thermal expansion of the liquefied petroleum gas immediately before or during the process of delivery, when the basis of settlement for such sale is liquid volume, is prohibited.

(5) Marking of Cylinders and Bottles. When liquefied petroleum gas is sold by weight and delivered in a cylinder or bottle, such cylinder or bottle must be legibly and conspicuously marked with, in addition to any other marking or labeling required by state or federal law, the following:

(a) The tare weight expressed in pounds or other identified unit of weight including all permanently attached fittings but not the cap;

(b) The water capacity expressed in pounds or other identified unit of weight if a refillable container;

(c) The name or identity symbol of the manufacturer or dealer.

(6) Vapor-Return Lines. Vapor return lines are only permitted for metered delivery of liquefied petroleum gas from a supplier's tank to a receiving container under special circumstances, as provided for in section U.R.2.3. VAPOR-RETURN LINE (of NIST Handbook 44). When use is permitted, these vapor return lines must be of the portable type and must be physically disconnected from both the supplier's tank and the receiving container after each delivery.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 618
Stats. Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.096, 618.206, 618.236 & 618.241
Hist.: AD 1012(2-74), f. 1-10-74, ef. 2-11-74; AD 8-1990, f. & cert. ef. 4-5-90; AD 20-1990, f. & cert. ef. 10-25-90; AD 12-1996, f. & cert. ef. 12-10-96; DOA 8-2000, f. & cert. ef. 3-29-00; DOA 11-2004, f. & cert. ef. 3-26-04

603-027-0397

Hydrocarbon Gas Vapor-Measuring Devices.

(1) As used in this rule, "Hydrocarbon Gas" means propane, propylene, butanes, butylenes and any other hydrocarbon gas/air mix maintained in a vapor state.

(2) Method of Sale. Hydrocarbon gas shall be offered, exposed for sale, and sold by metered cubic foot or cubic meter of vapor defined as 1 cubic foot at 60°F or 1 cubic meter at 15°C determined from legal-for-trade hydrocarbon gas vapor-measuring devices as provided in ORS 618.121 and ORS 618.141. Any charges or custody transfer of hydrocarbon gas shall be determined by a legal-for-trade, licensed hydrocarbon gas vapor-measuring device.

(3) Retention of Customer Invoices. Any person engaging in the sale of hydrocarbon gas vapor shall retain a record of:

(a) Each individual hydrocarbon gas vapor-measuring device billing invoice; and

(b) The applicable rate schedule for a period of not less than 12 months and shall make them available at reasonable times for inspection and copying by the customer and the Measurement Standards Division.

(4) Adjustment of Overcharges. Where, initiated by a written customer complaint and through a Measurement Standards Division certification examination, a hydrocarbon gas vapor-measuring device is found to be over-registering beyond the applicable tolerance, the person using the device shall issue a refund or credit to the customer for the amount of any overcharge, without interest, computed back to the date that the person using the device determines the hydrocarbon gas vapor-measuring device error commenced, except that the period of adjustment shall not exceed six (6) months.

(5) Responsibility for Licensing. The person using hydrocarbon gas vapor-measuring devices is responsible to license these devices as required in ORS 618.121 prior to them being placed into commercial service.

(6) Responsibility for Testing and Certification Examinations. The person using hydrocarbon gas vapor-measuring devices is responsible for:

(a) Transporting and all associated transportation costs of hydrocarbon gas vapor-measuring devices to and from the Measurement Standards Division for testing and certification examinations;

(b) Assuring that a minimum of 10 percent per year of all hydrocarbon gas vapor-measuring devices in commercial service as of July 1, 2002 are delivered to the Measurement Standards Division for testing and certification examination until all such devices have been tested and certified; and

(c) Assuring that all hydrocarbon gas vapor-measuring devices are delivered to the Measurement Standards Division for testing and certification examination prior to them being placed into commercial service.

Stat. Auth.: ORS 618
Stats. Implemented: ORS 618.016, ORS 618.031, ORS 618.051, ORS 618.056, ORS 618.066, ORS 618.096, ORS 618.121, ORS 618.141,ORS 618.206, ORS 618.236 & ORS 618.241
Hist.: DOA 10-2002, f. & cert. ef. 3-7-02

603-027-0400

Liquid Fuels

(1) As used in this rule, "Liquid Fuel" means any predominately hydrocarbon compound or mixture for use as engine or heating fuel that exists as a noncorrosive liquid at atmospheric pressure, including, but not limited to, gasoline, tractor fuel, kerosene, jet fuel, diesel, and heating oil.

(2) Method of Sale.

(a) Liquid fuel shall be sold by weight or liquid measure determined from legal devices as provided in ORS 618.121 and 618.141. Use of tank gaging methods that include sticks, rods, markers, or other volume-measuring elements not permanently attached or sealed to such tanks is prohibited for purposes of product sale or transfer of ownership for tanks or tank compartments with capacities of 10,500 gallons (250 Bbl.) or less.

(b) The use of automatic temperature compensation with vehicle tank meter systems is prohibited.

(3) Declaration of Quantity: Liquid Measure. Quantity declarations or representations in terms of liquid measure shall for wholesale transactions or deliveries indicate the volume occupied by the products at 60°F consistent with Petroleum Measurement Tables (ASTM D-1250-80) (1990) (API MPMS Ch.11.1) published by the American Society for Testing Materials, unless the measuring device and any associated bill of lading, delivery ticket, or invoice are clearly marked to indicate that:

(a) The volume is based on a specified product temperature other than 60°F; or

(b) The quantity declaration or representation is "not corrected to 60°F," or is otherwise qualified by language of similar import.

(4) Advertising and Computing Unit Price. Whenever a liquid fuel is sold at retail by means of a computing-type device and a unit price for such fuel is advertised, posted, or displayed by the seller, the unit price at which the device is (or devices are, if more than one dispense such brand, blend, or mixture) set to compute at, shall coincide exactly with the advertised, posted, or displayed unit price for such fuel.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 618
Stats. Implemented: ORS 618.016, 618.031, 618.051, 618.066, 618.076, 618.096, 618.151, 618.206 & 618.241
Hist.: AD 1012(2-74), f. 1-10-74, ef. 2-11-74; AD 8-1990, f. & cert. ef. 4-5-90; DOA 19-2010, f. & cert. ef. 9-14-10

Motor Fuel Quality Regulations

603-027-0410

Definitions

(1) “Accredited Laboratory” means a laboratory that is currently accredited by an independent laboratory accrediting body for analyzing motor fuels using American Society for Testing and Materials (ASTM) International test procedures and specifications.

(2) "Alcohol" means a volatile flammable liquid having the general formula CnH(2n+1)OH used or sold for the purpose of blending or mixing with gasoline for use in propelling motor vehicles, and commonly or commercially known or sold as an alcohol, and includes ethanol or methanol.

(3) "ASTM" means ASTM International, the national voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services; and the promotion of related knowledge. ASTM when used in these rules shall mean the 2011 Annual Book of ASTM Standards, Section 5, Volumes 05.01 through 05.05.

(4) "Antiknock Index (AKI) "means the arithmetic average of the Research Octane Number (RON) and Motor Octane Number (MON): AKI=(RON+MON)/2. This value is called by a variety of names, in addition to antiknock index, including: Octane Rating, Posted Octane, (R+M)/2 Octane.

(5) "Automotive Fuel Rating" means the automotive fuel rating determined under 16 CFR 306.5, required to be certified under 16 CFR 306.6 and 16 CFR 306.8, and required to be posted under 16 CFR 306.10. Under this Rule, sellers of liquid automotive fuels, including alternative fuels, must determine, certify, and post an appropriate automotive fuel rating. The automotive fuel rating for gasoline is the antiknock index (octane rating). The automotive fuel rating for alternative liquid fuels consists of the common name of the fuel along with a disclosure of the amount, expressed as a minimum percentage by volume, of the principal component of the fuel. For alternative liquid automotive fuels, a disclosure of other components, expressed as a minimum percentage by volume, may be included, if desired.

(6) "Automotive Gasoline, Automotive Gasoline-Oxygenate Blend" means a type of fuel suitable for use in spark-ignition automobile engines and also commonly used in marine and non-automotive applications.

(7) "Aviation Gasoline" means a type of gasoline suitable for use as a fuel in an aviation gas spark-ignition internal combustion engine.

(8) “Batch” and “Production Lot” means a homogenous production volume of finished biodiesel from one or more sources that is held in a single container where representative samples are taken and analyzed to provide an authentic certificate of analysis (COA) for the specific volume.

(9) "Bulk Facility" means a facility, including pipelines terminals, refinery terminals, rail and barge terminals and associated underground and above ground tanks connected or separate, from which motor vehicle fuels are withdrawn from bulk and delivered to retail, wholesale or nonretail facilities or into a cargo tank or barge used to transport those products.

(10) "Base Gasoline" means all components other than ethanol in a blend of gasoline and ethanol.

(11) "Biodiesel" means a motor vehicle fuel consisting of mono-alkyl esters of long chain fatty acids derived from vegetable oils, animal fats, or other nonpetroleum resources, not including palm oil, designated as B100 and complying with ASTM D6751. Biodiesel produced in or imported into Oregon for use as a blend stock shall comply with B100 biodiesel requirements including ASTM International D6751 and the Certificate of Analysis.

(12) "Biodiesel Blend" means a fuel comprised of a blend of biodiesel fuel with petroleum-based diesel fuel, designated BXX. In the abbreviation BXX, the XX represents the volume percentage of biodiesel fuel in the blend.

(13) “Biomass” means organic matter that is available on a renewable or recurring basis and that is derived from:

(a) Forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and reduce uncharacteristic stand replacing wildfire risk;

(b) Wood material from hardwood timber described in ORS 321.267(3);

(c) Agricultural residues;

(d) Offal and tallow from animal rendering;

(e) Food wastes collected as provided under ORS Chapter 459 or 459A;

(f) Yard or wood debris collected as provided under ORS Chapter 459 or 459A;

(g) Wastewater solids; or

(h) Crops grown solely to be used for energy, and

(i) Biomass does not mean wood that has been treated with creosote, pentachlorophenol, inorganic arsenic, or other inorganic chemical compounds.

(14) “Biomass-Based Diesel”, also referred to as Other Renewable Diesel and Renewable Diesel, means a conventional diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the U.S. Environmental Protection Agency under the 2007 42 U.S.C. 7545, and includes fuel derived from biomass (Reference OAR 603-027-0410) and animal wastes, including poultry fats and poultry wastes, and other waste materials, or from municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater, except that the term does not include biodiesel as defined in OAR 603-027-0410, complies with ASTM International D975 Standard Specification for Diesel Fuel Oils or other applicable ASTM product specifications, can be used as a finished fuel or fuel blending component, and designated “100% Biomass-Based Diesel”.

(15) “Biomass-Based Diesel Blend”, also referred to as Other Renewable Diesel Blend and Renewable Diesel Blend, means a fuel comprised of a blend of biomass-based diesel fuel with conventional petroleum-based diesel fuel, designated “XX% Biomass-Based Diesel Blend”, and complies with ASTM International D975. In the abbreviation, “XX%”, the XX represents the volume percentage of biomass-based diesel in the blend.

(16) “Certificate of analysis” means:

(a) A document verifying that B100 biodiesel has been analyzed and complies with, at a minimum, the following ASTM D 6751 biodiesel fuel test methods and specifications:

(A) Flash point (ASTM D 93);

(B) Acid number (ASTM D 664);

(C) Cloud point (ASTM D 2500);

(D) Water and sediment (ASTM D 2709);

(E) Visual appearance (ASTM D 4176);

(F) Free glycerin (ASTM D 6584);

(G) Total glycerin (ASTM D 6584);

(H) Oxidation stability (EN 14112 as per ASTM D 6751); and

(I) Sulfur (ASTM D 5453 or ASTM D 7039).

(b) The ASTM International standards referenced in ORS 646.905(3) for free and total glycerin are incorrect. The correct ASTM International standards reference for free and total glycerin is ASTM D 6584.

(17) "Cetane Index" means an approximation of the cetane number of distillate fuel, which does not take into account the effect of a cetane improver additive, calculated from the density and distillation measurements. (Ref. ASTM D 976.)

(18) "Cetane Number" means a numerical measure of the ignition performance of a diesel fuel obtained by comparing it to reference fuels in a standardized engine test. (Ref. ASTM D 613.)

(19) "Coordinating Research Council (CRC) Rating" means a standardized format for rating injector and engine deposits as developed by the CRC.

(20) "Co-solvent" means an alcohol other than methanol which is blended with either methanol or ethanol or both to minimize phase separation in gasoline.

(21) "Dealer" means any motor vehicle fuel retailer dealer, nonretail dealer or wholesale dealer.

(22) "Director" means the Director of Agriculture.

(23) "Diesel Fuel" means a refined middle distillate suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine.

(24) "Distillate." means any product obtained by condensing the vapors given off by boiling petroleum or its products.

(25) "EPA" means the United States Environmental Protection Agency.

(26) "E85 Fuel Ethanol" means a blend of ethanol and hydrocarbons of which the ethanol portion is nominally 75 to 85 volume percent denatured fuel ethanol (Ref. ASTM D 5798).

(27) "Ethanol" also known as "Denatured Fuel Ethanol", means nominally anhydrous ethyl alcohol meeting ASTM D 4806 standards. It is intended to be blended with gasoline for use as a fuel in a spark-ignition internal combustion engine. The denatured fuel ethanol is first made unfit for drinking by the addition of Alcohol and Tobacco Tax and Trade Bureau (TTB) approved substances before blending with gasoline.

(28) “Ethanol facilities production capacity” means the designed and “as-constructed” rated capacity as verified by the Oregon Department of Agriculture, or the ethanol facilities production capacity as determined by an independent Professional Engineer registered in the State of Oregon that is not the design consultant and as verified by the Oregon Department of Agriculture.

(29) “Feedstock” means the original biomass used in biofuel production.

(30) "Gasoline" means any fuel sold for use in spark ignition engines whether leaded or unleaded.

(31) "Gasoline-Oxygenate Blend" means a fuel consisting primarily of gasoline along with a substantial amount (more than 0.35 mass percent oxygen, or more than 0.15 mass oxygen if methanol is the only oxygenate) of one or more oxygenates.

(32) "Lead Substitute" means an EPA-registered gasoline additive suitable, when added in small amounts to fuel, to reduce or prevent exhaust valve recession (or seat wear) in automotive spark-ignition internal combustion engines designed to operate on leaded fuel.

(33) "Lead Substitute Engine Fuel" means a gasoline or gasoline-oxygenate blend that contains a "lead substitute."

(34) Low Temperature Operability" means a condition which allows the uninterrupted operation of a diesel engine through the continuous flow of fuel throughout its fuel delivery system at low temperatures.

(35) "Lubricity" means a qualitative term describing the ability of a fluid to affect friction between, and wear to, surfaces in relative motion under load.

(36) "Methanol" means methyl alcohol, a flammable liquid having the formula CH3OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles.

(37) "M100 Fuel Methanol" means nominally anhydrous methyl alcohol, generally containing small amounts of additives, suitable for use as a fuel in a compression-ignition combustion engine.

(38) "M85 Fuel Methanol" means a blend of methanol and hydrocarbons of which the methanol portion is nominally 70 to 85 volume percent and which meets the requirements of ASTM D 5797.

(39) "Motor Octane Number" means a numerical indication of a spark-ignition engine fuel's resistance to knock obtained by comparison with reference fuels in a standardized ASTM D 2700 Motor Method engine test.

(40) "Motor Vehicles" means all vehicles, vessels, watercraft, engines, machines, or mechanical contrivances that are propelled by internal combustion engines or motors.

(41) "Motor Vehicle Fuel" means gasoline, gasoline-ethanol blends, diesel, biomass-based diesel, biomass-based diesel blends, B100 Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, or any other liquid product used for the generation of power in an internal combustion engine, except aviation jet fuels, liquefied petroleum gases or natural gases.

(42) "Nonretail dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is dispensed through a card or key-activated fuel dispensing device to nonretail customers.

(43) "Octane Rating" means the rating of the anti-knock characteristics of a grade or type of gasoline determined by dividing by two the sum of the research octane number and the motor octane number.

(44) "Octane Rating Certification Documentation" means an invoice, bill of lading, delivery ticket, letter or other documentation that specifies the actual octane rating or a rounded rating that is the largest whole number or half of a number that is less than or equal to the number determined by or certified to the person transferring the gasoline.

(45) "Official Sample" means a motor fuel sample delivered via nozzle directly through a fuel pump, dispenser, or metering device from either a fuel delivery truck, tank wagon, above ground or below ground fuel storage tank into a suitable sealable, one litre or larger pressure-tight metal or glass container in the presence of, or drawn by, a department representative in the manner prescribed by department procedures. An official sample shall be appropriately sealed and labeled as to its identity, type, brand, grade, posted automotive fuel rating and the location, source, date, and name of official taking it at the time it is withdrawn from storage. A custody transfer receipt or record will be completed whenever an official sample changes hands enroute to a qualified motor fuel standards laboratory.

(46) "Oxygen Content of Gasoline" means the percentage of oxygen by mass contained in a gasoline.

(47) "Oxygenate" means an oxygen-containing, ashless, organic compound, such as an alcohol or ether, which can be used as a fuel or fuel supplement.

(48) "Premium Diesel" means a refined middle distillate suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine and shall meet Standard Fuel Specifications OAR 603-027-0420.

(49) “Production” means the ability of a biofuel production facility to produce biofuel that is in compliance with applicable ASTM International specifications.

(50) “Production Lot” and “Batch” means a homogenous production volume of finished biodiesel from one or more sources that is held in a single container where representative samples are taken and analyzed to provide an authentic certificate of analysis (COA) for the specific volume.

(51) "Research Octane Number" means a numerical indication of a spark-ignition engine fuel's resistance to knock obtained by comparison with reference fuels in a standardized ASTM D 2699 Research Method engine test.

(52) "Retail Dealer" means any person who owns, operates, controls or supervises an establishment at which motor vehicle fuel is or offered for sale to the public.

(53) "SAE" means the SAE International, a technical organization for engineers, scientists, technicians, and others in positions that cooperate closely in the engineering, design, manufacture, use, and maintainability of self-propelled vehicles.

(54) “Sales” means volumes of biofuels measured in gallons per year, relevant consumer usage, demand, pricing, and other factors affecting sales.

(55) "Thermal Stability" means the ability of a fuel to resist the thermal stress which is experienced by the fuel when exposed to high temperatures in a fuel delivery system.

(56) "Unleaded" in conjunction with "engine fuel" or "gasoline" means any gasoline or gasoline-oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.013 gram lead per liter (0.05 g lead per U.S. gal) and not more than 0.0013 gram phosphorus per liter (0.005 g phosphorus per U.S. gal).

(57) “Use” means the historic blending of biofuel in Oregon in areas using biofuel to meet Oregon’s Renewable Fuel Standard (RFS) and other information relevant to industry blending of biofuel including the infrastructure capacity to blend and distribute biofuel.

(58) "Wholesale Dealer" means any person who sells motor vehicle fuel if the seller knows or has reasonable cause to believe that the buyer intends to resell the motor vehicle fuel in the same or an altered form to a retail dealer, a nonretail dealer, or another wholesale dealer.

(59) "Winter" or "Winterized" Diesel means a refined middle distillate suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine which has been blended for low temperature operability and shall meet Standard Fuel Specifications OAR 603-027-0420.

(60) "Withdrawn From Bulk" means removed from a bulk facility for delivery directly into a cargo tank or a barge to be transported to a location other than another bulk facility for use or sale in this state.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190, OL 1997, Ch. 310 (SB 414) & ORS 646.905 - 646.990
Stats. Implemented: OL 1997, Ch. 310 (SB 414), ORS 646.905 - 646.990 & 183
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 5-2002, f. & cert. ef. 1-28-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 17-2006, f. & cert. ef. 9-26-06; DOA 8-2008, f. & cert. ef. 2-15-08; DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08; DOA 21-2008, f. & cert. ef. 9-11-08; DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10; DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10; DOA 19-2010, f. & cert. ef. 9-14-10; DOA 24-2011, f. & cert. ef. 12-14-11

603-027-0420

Standard Fuel Specifications

(1) Gasoline and Gasoline-Oxygenate Blends, as defined in this regulation, shall meet the following requirements:

(a) The ASTM D 4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel," except that volatility standards for unleaded gasoline blended with ethanol shall not be more restrictive than those adopted under the rules, regulations, and Clean Air Act waivers of the U.S. Environmental Protection Agency (which includes those promulgated by Oregon and Federally approved State Implementation Plans (SIP’s)). Gasoline blended with ethanol shall be blended under any of the following three options:

(A) The base gasoline used in such blends shall meet the requirements of ASTM D 4814; or

(B) The blend shall meet the requirements of ASTM D 4814; or

(C) The base gasoline used in such blends shall meet all the requirements of ASTM D 4814 except distillation, and the blend shall meet the distillation requirements of the ASTM D 4814 specification.

(b) Blends of gasoline and ethanol shall not exceed the ASTM D 4814 vapor pressure standard by more than 1.0 psi.

(c) Minimum Antiknock Index (AKI). The AKI shall not be less than the AKI posted on the product dispenser or as certified on the invoice, bill of lading, shipping paper, or other documentation.

(d) Minimum Motor Octane Number. The minimum motor octane number must not be less than 82 for gasoline with an AKI of 87 or greater.

(e) Lead Substitute Gasoline. Gasoline and gasoline-oxygenate blends sold as "lead substitute" gasoline shall contain a lead substitute additive which provides a level of protection against exhaust valve seat recession which is equivalent to the level of protection provided by a gasoline containing at least 0.026 gram of lead per liter (0.10 g per U.S. gal).

(2) Ethanol intended for blending with gasoline shall meet the requirements of ASTM D 4806, "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel."

(3) Gasoline-Ethanol Blends Required

(a) Consistent with ORS 646.912, the Oregon Department of Agriculture shall study and monitor ethanol fuel production, use, and sales in Oregon.

(b) Except as provided in OAR 603-027-0420(3)(c), all retail dealers, nonretail dealers, or wholesale dealers may only sell or offer for sale gasoline that contains ten percent ethanol by volume.

(c) A retail dealer, nonretail dealer, or wholesale dealer may sell or offer for sale gasoline that is not blended with ethanol if the gasoline;

(A) Has an octane rating, as defined in ORS 646.945, of 91 or above, or if it is for use in;

(B) An aircraft;

(i) With a supplemental type certificate approved by the Federal Aviation Administration that allows the aircraft to use gasoline that is intended for use in motor vehicles, or

(ii) Issued a type certificate by an aircraft engine manufacturer that allows the aircraft to use gasoline that is intended for use in motor vehicles;

(C) An aircraft that has been issued an experimental certificate, described in 14 C.F.R. 21.191, by the Federal Aviation Administration and that is required by the manufacturer’s specifications to use gasoline that is intended for use in motor vehicles;

(D) A light-sport aircraft, as defined in 14 C.F.R. 1.1, that is required by the manufacturer’s specifications to use gasoline that is intended for use in motor vehicles;

(E) A vintage aircraft, as defined by the Oregon Department of Aviation by rule, that is required by the manufacturer’s specifications to use gasoline that is intended for use in motor vehicles;

(F) An antique vehicle, as defined in ORS 801.125;

(G) A Class I all-terrain vehicle, as defined in ORS 801.190;

(H) A Class III all-terrain vehicle, as defined in ORS 801.194;

(I) A racing activity vehicle, as defined in ORS 801.404;

(J) A snowmobile, as defined in ORS 801.490;

(K) Tools, including but not limited to lawn mowers, leaf blowers, and chain saws; or

(L) A watercraft.

(d) Gasoline-ethanol blends shall contain not less than 9.2 percent by volume of agriculturally derived ethanol, exclusive of denaturants and permitted contaminates, that complies with

(A) OAR 603-027-0420(2) Ethanol ASTM D 4806 standards,

(B) Denatured as specified in 27 C.F.R parts 20 and 21, and

(C) Complies with the volatility requirements specified in 40 C.F.R. part 80.

(e) The ethanol shall be derived from agricultural product, woody waste or residue.

(f) The gasoline and gasoline-ethanol blends shall comply with OAR 603-027-0420(1).

(g) It is prohibited to blend with casinghead gasoline, absorption gasoline, drip gasoline, or natural gasoline after the gasoline has been sold, transferred, or otherwise removed from a refinery or terminal.

(4) Gasoline Additive Restrictions.

(a) Effective November 1, 2009, a wholesale dealer, retail dealer, or nonretail dealer may not sell or offer to sell any gasoline blended or mixed with:

(A) Ethanol unless the blend or mixture meets the specifications or registration requirements established by the United States Environmental Protection Agency pursuant to section 211 of the Clean Air Act, 42 U.S.C. section 7545 and 40 C.F.R. Part 79, and the ethanol complies with ASTM International specification ASTM D 4806;

(B) Methyl tertiary butyl ether in concentrations that exceed 0.15 percent by volume; or

(C) A total of all of the following oxygenates that exceeds one-tenth of one percent, by weight, of;

(i) Diisopropyl ether,

(ii) Ethyl tert-butyl ether,

(iii) Iso-butanol,

(iv) Iso-propanol,

(v) N-butanol,

(vi) N-propanol,

(vii) Sec-butanol,

(viii) Tert-amyl methyl ether,

(ix) Tert-butanol,

(x) Tert-pentanol or tert-amyl alcohol, and

(xi) Any other additive that has not been approved by the California Air Resources Board or the United States Environmental Protection Agency.

(b) Nothing in this section shall prohibit transshipment through this state, or storage incident to the transshipment, of gasoline that contains methyl tertiary butyl ether in concentrations that exceed 0.15 percent by volume or any of the oxygenates listed in OAR 603-027-0420(4)(a)(C), provided,

(A) The gasoline is used or disposed of outside of this state; and

(B) The gasoline is segregated from gasoline intended for use within this state.

(c) Notwithstanding the additives in OAR 603-027-0420(4)(a), a person may sell, supply, or offer to sell or supply gasoline in this state that contains any oxygenate other than ethanol, if the California Air Resources Board (CARB), California Environmental Policy Council (CEPC), or the United States Protection Agency (U.S. EPA) allow use of the oxygenate.

(5) Diesel Fuel shall meet the requirements of ASTM D 975, "Standard Specification for Diesel Fuel Oils."

(6) Winter or Winterized Diesel Fuel shall meet the requirements of ASTM D 975, "Standard Specification for Diesel Fuel Oils" and have a cold flow performance measurement which meets the ASTM D 975 tenth percentile minimum ambient air temperature charts and maps by either ASTM Standard Test Method D 2500 (Cloud Point) or ASTM Standard Test Method D 4539 (Low Temperature Flow Test, LTFT). Winter or winterized diesel (low temperature operability) is only applicable October 1 - March 31 of each year.

(7) Premium Diesel Fuel — All diesel fuels identified on retail and nonretail dispensers, bills of lading, invoices, shipping papers, or other documentation with terms such as premium, super, supreme, plus, or premier shall meet the requirements of ASTM D 975, "Standard Specification for Diesel Fuel Oils" and must conform to the following requirements:

(a) Cetane Number — A minimum cetane number of 47.0 as determined by ASTM Standard Test Method D 613;

(b) Low Temperature Operability — A cold flow performance measurement which meets the ASTM D 975 tenth percentile minimum ambient air temperature charts and maps by either ASTM Standard Test Method D 2500 (Cloud Point) or ASTM Standard Test Method D 4539 (Low Temperature Flow Test, LTFT). Low temperature operability is only applicable October 1 - March 31 of each year;

(c) Thermal Stability — A minimum reflectance measurement of 80 percent as determined by ASTM Standard Test Method D 6468 (180 minutes, 150 0C);

(d) Lubricity — A maximum wear scar diameter of 520 microns as determined by ASTM D 6079. If a single test of more than 560 microns is determined, a second test shall be conducted. If the average of the two tests is more

than 560 microns, the sample does not conform to the requirements of this part.

(8) Biodiesel; B100 Biodiesel and Biodiesel intended for blending with diesel fuel must,

(a) Meet the requirements of ASTM D 6751, "Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels";

(b) Be analyzed and issued a Certificate of Analysis for each batch or production lot produced in or imported into Oregon prior to blending, sale, or offer for sale in Oregon. The Certificates of Analysis expire 45 days following the date the biodiesel sample was obtained.

(c) Biodiesel must be analyzed for and comply with the visual appearance test (ASTM D 4176) upon its first receipt at a wholesale facility and prior to commingling with existing product.

(d) Prior to blending, sale, or offer for sale in Oregon, biodiesel must be analyzed and the Certificate of Analysis issued by:

(A) An accredited motor fuel laboratory, or

(B) A non-accredited motor fuel laboratory that meets all of the following requirements;

(i) The laboratory facilities must house and allow proper operation of all required equipment in accordance with the applicable test procedures,

(ii) The laboratory must use personnel trained to perform and analyze ASTM International D 6751 biodiesel fuel tests and other required tests,

(iii) The laboratory must use testing equipment that has been calibrated or verified to meet the requirements of each ASTM International test procedure used,

(iv) The laboratory must participate in an ASTM International proficiency program or similar national proficiency program for at least three times per year with appropriate results, and

(v) The laboratory must maintain current documentation of personnel qualifications, equipment verification, and proficiency results for at least one year. These records shall be available for inspection and reproduction upon request by the Director.

(9) Biodiesel Blends;

(a) Biodiesel blends through B5 must meet the requirements of ASTM D 975 Standard Specification for Diesel Fuel Oils.

(b) Biodiesel blends of B6 through B20 must meet the requirements of ASTM D 7467, Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6-B20).

(c) Blends of biodiesel and diesel fuels greater than B20 must meet the following requirements:

(A) The base diesel fuel must meet the requirements of ASTM D 975, Standard Specification for Diesel Fuel Oils; and

(B) The biodiesel blend stock must meet:

(i) The requirements of ASTM D 6751, Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels, and

(ii) The requirements in OAR 603-027-0420(8).

(d) Exception; Biodiesel may be blended with diesel fuel whose sulfur, lubricity, or aromatic levels are outside specification ASTM D 975, Standard Specification for Diesel Fuel Oils, grades 1-D S15, 1-D S500, 2-D S15, or 2-D S500 provided the finished mixture meets pertinent national and local specifications and requirements for these properties.

(10) Biomass-Based Diesel, also referred to as Other Renewable Diesel and Renewable Diesel, must meet the registration requirements for fuels and fuel additives established by the U.S. Environmental Protection Agency under the 2007 42 U.S.C. 7545, comply with ASTM International D975 Standard Specification for Diesel Fuel Oils or other applicable ASTM product specifications, can be used as a finished fuel or fuel blending component, and designated “100% Biomass-Based Diesel”.

(11) Biomass-Based Diesel Blends must comply with ASTM D975 Standard Specification for Diesel Fuel Oils.

(12) Biodiesel Blends, Biomass-Based Blends, or a Combination of Biodiesel and Biomass-Based Diesel Blends Required.

(a) Except as provided in subsection (d) of this section, a retail dealer, nonretail dealer, or wholesale dealer may only sell or offer for sale diesel fuel in Oregon containing;

(i) At least five percent biodiesel by volume, or

(ii) As of January 2, 2012, biomass-based diesel with at least five percent renewable component by volume, or

(iii) Five percent or less biodiesel by volume and five percent or less biomass-based diesel by volume provided the combined total of biodiesel and biomass-based diesel is at least five percent by volume.

(b) Biodiesel blends and biomass-based diesel blends shall contain the volume percent stated to the nearest;

(A) 1 volume percent for blends through 5 volume percent, and

(B) 2 volume percent for blends greater than 5 volume percent through 20 volume percent.

(c) Diesel fuel containing more than five percent biodiesel by volume or biomass-based diesel with more than five percent renewable component by volume must be labeled as required in OAR 603-027-0430.

(d) Exemption. The minimum biodiesel fuel content requirements in OAR 603-027-0420 do not apply to diesel fuel:

(A) Sold or offered for sale for use by railroad locomotives, marine engines, or home heating; or

(B) That otherwise meets the requirements in OAR 603-027-0420 but to which there have been added substances to prevent congealing or gelling of diesel fuel containing biodiesel or biomass-based diesel. This exception applies only to diesel fuel sold or offered for sale during the period from October 1 of any year to February 28 of the following year.

(13) Aviation Gasoline shall meet the requirements of ASTM D 910, "Standard Specification for Aviation Gasoline."

(14) E85 Fuel Ethanol shall meet the requirements of ASTM D 5798, "Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines."

(15) M85 Fuel Methanol shall meet the requirements of ASTM D 5797, "Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines."

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 646.905 - 646.990 & 1997 OL Ch. 310 (SB 414)
Stats. Implemented:ORS 646.905 - 646.990, 183 & 1997 OL Ch. 310 (SB 414)
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 5-2002, f. & cert. ef. 1-28-02; DOA 17-2006, f. & cert. ef. 9-26-06; DOA 15-2007(Temp), f. & cert. ef. 10-15-07 thru 4-11-08; DOA. 20-2007(Temp) f. & cert. ef. 11-29-07 thru 4-11-08; DOA 8-2008, f. & cert. ef. 2-15-08; DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08; DOA 21-2008, f. & cert. ef. 9-11-08; DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10; DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10; DOA 19-2010, f. & cert. ef. 9-14-10; DOA 7-2011, f. & cert. ef. 1-26-11; DOA 15-2011, f. & cert. ef. 9-9-11; DOA 24-2011, f. & cert. ef. 12-14-11

603-027-0430

Classification and Method of Sale of Petroleum Products

(1) General Considerations:

(a) Documentation.

(A) When gasoline; gasoline-oxygenate blends; reformulated gasoline; M85 and M100 fuel methanol: E85 and E100 fuel ethanol; B100 biodiesel and biodiesel blends; biomass-based diesel and biomass-based diesel blends; diesel fuel; winter or winterized diesel fuel; premium diesel fuel; or aviation gasoline are sold, an invoice, bill of lading, shipping paper or other documentation, must accompany each delivery other than a sale by a retail or nonretail dealer. This document must identify the:

(i) Quantity,

(ii) The name of the product,

(iii) The particular grade of the product,

(iv) The word "Winter" or "Winterized" diesel if applicable,

(v) The word "Premium" diesel if applicable,

(vi) The volume percent biodiesel and biomass-based diesel, if a biodiesel, biodiesel blend, biomass-based diesel, or biomass-based diesel blend through 5 volume percent to the nearest 1 volume percent and for greater than 5 volume percent through 20 volume percent blends to the nearest 2 volume percent,

(vii) The applicable automotive fuel rating,

(viii) The name and address of the seller and buyer,

(ix) The date and time of the sale,

(x) For gasoline-oxygenate and gasoline-alcohol blends which contain more than 1.5 mass percent oxygen, the documentation shall state the oxygenate type and oxygenate content, in volume percent, to the nearest 0.5 volume percent, and

(xi) For non-ethanol blended gasoline the documentation shall state that the gasoline is non-ethanol blended.

(B) Each operator of a bulk facility and each person who imports motor vehicle fuels into this state for sale in this state shall keep, for at least one year, at the person's registered place of business complete and accurate records of any motor vehicle fuels sold if sold or delivered in this state.

(C) Each biodiesel producer, each operator of a biodiesel bulk facility and each person who imports biodiesel into Oregon for sale in this state shall keep, on a monthly basis for at least one year, at the person’s registered place of business the certificate of analysis and the analysis records for visual appearance tests that are performed upon first receipt at a wholesale facility prior to commingling with existing product for each batch or production lot of biodiesel sold or delivered in Oregon.

(D) Each biodiesel producer in Oregon shall keep, on a monthly basis for at least one year, at the person’s registered place of business, documentation declaring the producer’s name, location address, date, and quantity of biodiesel production and sales. This documentation shall be completed on a form provided by the Department of Agriculture and mailed on a quarterly basis to the Department in Salem, Oregon.

(E) All retail dealers, nonretail dealers, and wholesale dealers in Oregon are required to provide, upon request of the Department, evidence of a certificate of analysis for the biodiesel received.

(F) Each ethanol production facility in Oregon shall keep, on a monthly basis for at least one year, at the person’s registered place of business, documentation declaring the production facility’s name, location address, net ethanol production capacity, the date that the net ethanol capacity was attained, quantity of ethanol produced, and sales in Oregon. This documentation shall be completed on a form provided by the Department of Agriculture and mailed on a quarterly basis to the Department in Salem, Oregon.

(G) Retail dealers and nonretail dealers shall maintain at their facilities the octane rating certification or motor vehicle fuel delivery documentation for the three most recent deliveries to the facility for each grade of gasoline, fuel ethanol, fuel methanol, biodiesel, biodiesel blends, diesel fuel, biomass-based diesel fuel, and biomass-based diesel fuel blends sold or offered for sale.

(b) Retail and Nonretail Gasoline Dispenser Labeling. All retail and nonretail gasoline dispensing devices must identify conspicuously on each face of the dispenser(s),

(A) The type of product,

(B) The particular grade of the product,

(C) Type of oxygenate contained if applicable,

(i) Including the specific volume percent of ethanol in gasoline-ethanol blends stating, for example, “THIS PRODUCT CONTAINS 10% ETHANOL” or other similar language in type at least 12.7 millimeters (1/2 inch) in height, 1.5 millimeter (1/16 inch) stroke (width of type) located on each face and on the upper 50 percent of the dispenser front panels in a position clear and conspicuous from the driver’s position,

(ii) Prohibited terms and phrases include but are not limited to, “Contains Up To 10% Ethanol”, “May Contain Ethanol”, or any other similar language,

(D) The applicable automotive fuel rating, and

(E) If non-ethanol blended gasoline, other than 91 octane or above, in compliance with OAR 603-027-0420, the dispensers shall be labeled, “NON-ETHANOL BLENDED GASOLINE FOR EXEMPTED USE ONLY (ORS 646.913)” in capital letters and type at least 12.7 millimeters (1/2 inch) in height, 1.5 millimeter (1/16 inch) stroke (width of type) located on each face and on the upper 50 percent of the dispenser front panels in a position clear and conspicuous to the consumer.

(c) Posting of Exceptions for Non-Ethanol Blended Gasoline. The exceptions for non-ethanol blended gasoline, other than 91 octane or above, shall be posted at a business that sells or offers for sale non-ethanol blended gasoline in a position that is clear and conspicuous to the consumer. The exceptions shall be posted;

“NON-ETHANOL BLENDED GASOLINE FOR USE IN THE FOLLOWING APPLICATIONS ONLY;” in capital letters and type at least 6.4 millimeters (1/4 inch) in height, 1 millimeter (1/32 inch) stroke (width of type), followed by,

“AIRCRAFT WITH A SUPPLEMENTAL TYPE CERTIFICATE APPROVED BY THE FEDERAL AVIATION ADMINISTRATION THAT ALLOWS THE AIRCRAFT TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

AIRCRAFT ISSUED A TYPE CERTIFICATE BY AN AIRCRAFT ENGINE MANUFACTURER THAT ALLOWS THE AIRCRAFT TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

AN AIRCRAFT THAT HAS BEEN ISSUED AN EXPERIMENTAL CERTIFICATE, DESCRIBED IN 14 C.F.R. 21.191, BY THE FEDERAL AVIATION ADMINISTRATION AND THAT IS REQUIRED BY THE MANUFACTURER’S SPECIFICATIONS TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

A LIGHT-SPORT AIRCRAFT, AS DEFINED IN 14 C.F.R. 1.1, THAT IS REQUIRED BY THE MANUFACTURER’S SPECIFICATIONS TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

A VINTAGE AIRCRAFT, AS DEFINED BY THE OREGON DEPARTMENT OF AVIATION BY RULE, THAT IS REQUIRED BY THE MANUFACTURER’S SPECIFICATIONS TO USE GASOLINE THAT IS INTENDED FOR USE IN MOTOR VEHICLES;

AN ANTIQUE VEHICLE, AS DEFINED IN ORS 801.125;

A CLASS I ALL-TERRAIN VEHICLE, AS DEFINED IN ORS 801.190;

A CLASS III ALL-TERRAIN VEHICLE, AS DEFINED IN ORS 801.194;

A RACING ACTIVITY VEHICLE, AS DEFINED IN ORS 801.404;

A SNOWMOBILE, AS DEFINED IN ORS 801.490;

TOOLS, INCLUDING BUT NOT LIMITED TO LAWN MOWERS, LEAF BLOWERS, AND CHAIN SAWS; OR A

WATERCRAFT (Reference ORS 646.913)” in capital letters and type at least 3 millimeters (1/8 inch) in height, 0.4 millimeter (1/64 inch) stroke (width of type).

(d) Grade Name. The sale of any product under any posted grade name that indicates to the purchaser that it is of a certain automotive fuel rating or ASTM grade indicated in the posted grade name must be consistent with the applicable standard specified in OAR 603-027-0420 "Standard Fuel Specifications".

(2) Automotive Gasoline and Automotive Gasoline-Oxygenate Blends:

(a) Posting of Antiknock Index Required. All automotive gasoline and automotive gasoline-oxygenate blends shall post the antiknock index in accordance with 16 CFR Part 306.

(b) Use of Lead Substitute Must Be Disclosed. Each dispensing device from which gasoline or gasoline oxygenate blend containing a lead substitute is dispensed shall display the grade name followed by "With a Lead Substitute" (e.g. "Unleaded With a Lead Substitute"). The lettering of the lead substitute declaration shall not be less that 12.7 millimeters (1/2 in) in height and 1.5 centimeters (1/16 in) stroke (width of type). The color of the lettering shall be in definite contrast to the background color to which it is applied.

(c) Prohibition of Terms. It is prohibited to use specific terms to describe a grade of gasoline or gasoline-oxygenate blend unless it meets the minimum antiknock index requirement shown in Table 1.

TABLE 1. MINIMUM ANTIKNOCK INDEX REQUIREMENTS

The minimum antiknock index for Premium, Super, Supreme and High Test is 91

The minimum antiknock index for Mid Grade and Plus is 89

The minimum antiknock index for Unleaded with a Lead Substitute is 88

The minimum antiknock index for Regular and Unleaded (alone) is 87

(3) Diesel Fuel:

(a) Labeling of Product and Grade Required. Diesel fuel shall be identified by "Diesel" and grades "No. 1-D S15", "No. 1-D S500", "No. 1-D S5000", "No. 2-D S15", "No. 2-D S500", "No. 2-D S5000", or "No. 4-D". Each retail or nonretail dispenser of diesel fuel shall be labeled "Diesel" and the grade being dispensed.

(b) Location of Label. These labels shall be located on each face and on the upper 50 percent of the dispenser front panels in a position clear and conspicuous from the driver's position, in a type at least 12.7 millimeter (1/2 in) in height, 1.5 millimeter (1/16 in) stroke (width of type).

(4) Winter or Winterized Diesel Fuel:

(a) Labeling of Product and Grade Required. The dispensers of winterized diesel fuel must be labeled as required in OAR 603-027-0430(3)(a) and include the words "WINTERIZED DIESEL" or "WINTER DIESEL" (e.g. "WINTERIZED DIESEL No. 2-D S15").

(b) Location of Winterized Diesel Fuel Label. The location of the winterized diesel label shall be as required in OAR 603-027-0430(3)(b) or on a "pump topper" mounted on top of each winterized diesel dispenser with lettering as specified in OAR 603-027-0430(3)(b) and must be in a position that is clear and conspicuous from the driver's position.

(5) Premium Diesel Fuel :

(a) Labeling of Premium Diesel Required. In addition to labeling requirements specified in OAR 603-027-0430(3), all retail and nonretail dispensers of premium diesel shall be labeled “Premium Diesel” (e.g. “Premium Diesel No. 2-D S15”).

(b) Location of Premium Diesel Fuel Label. The location of the premium diesel fuel label shall be located on the upper 50 percent of the dispenser front panels in a position clear and conspicuous from the driver’s position, in a type at least 12.7 millimeter (1/2 inch) in height, 1.5 millimeter (1/16 inch) stroke (width of type).

(6) Biodiesel and Biomass-Based Diesel:

(a) Identification of Product.

(A) Biodiesel and biodiesel blends must be identified by the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel. (Examples: B10; B20; B100)

(B) Biomass-based diesel and biomass-based diesel blends must be identified by the numerical value representing the volume percentage of biomass-based diesel immediately followed by the percentage symbol (%) and then the term “Biomass-Based Diesel” or “Biomass-Based Diesel Blend”. (Examples: “10% Biomass-Based Diesel Blend”; “20% Biomass-Based Diesel Blend”; “70% Biomass-Based Diesel Blend”; “100% Biomass-Based Diesel”.)

(b) Labeling of Retail and Non-Retail Dispensers Containing Between 5% and Up To and Including 20% Biodiesel or Biomass-Based Diesel.

(A) If containing biodiesel, the dispenser(s) must be labeled with either:

(i) The capital letter “B” followed by the numerical value representing the volume percentage of biodiesel fuel and ending with “Biodiesel Blend” (Examples: “B10 Biodiesel Blend”; “B20 Biodiesel Blend”); or

(ii) The phrase, “Biodiesel Blend Between 5% and 20%” or similar words; or

(iii) The Federal Trade Commission (FTC) 2011 16 CFR Part 306 approved label “Biodiesel Blend” that is appropriate for blends from 5% to 20% biodiesel, or “B20 Biodiesel Blend” that is appropriate for 20% biodiesel blends only.

(B) If containing biomass-based diesel, the dispenser(s) must be labeled with either:

(i) “XX% Biomass-Based Diesel Blend” where the abbreviation “XX” represents the volume percentage of biomass-based diesel in the blend; or

(ii) The phrase, “Biomass-Based Diesel Blend Between 5% and 20%” or similar words; or

(iii) The Federal Trade Commission (FTC) 2011 16 CFR Part 306 approved label that is appropriate for biomass-based diesel blends from 5% to 20% biomass-based diesel.

(c) Labeling of Retail and Non-Retail Dispensers Containing More Than 20% Biodiesel or More Than 20% Biomass-Based Diesel.

(A) If containing more than 20% biodiesel, the dispenser(s) must be labeled;

(i) “Consult Vehicle Manufacturer Fuel Recommendations”, posted on the dispenser front panels in a position clear and conspicuous from the driver’s position in block letter type at least 6 mm (1/4 inch) in height by 0.8 mm (1/32) stroke (width of type) and the color must be in definite contrast to the background color to which it is applied; and in addition,

(ii) Separately labeled with the capital letter “B” followed by the numerical value representing the volume percentage of biodiesel fuel and ending with either “Biodiesel” or “Biodiesel Blend” (Examples: “B100 Biodiesel”; “B60 Biodiesel Blend”); or

(iii) The Federal Trade Commission (FTC) 2011 16 CFR Part 306 approved label for biodiesel blends greater than 20% biodiesel.

(B) If containing more than 20% biomass-based diesel, the dispenser(s) must be labeled with:

(i) The numerical value representing the volume percentage of biomass-based diesel immediately followed by the percentage symbol (%) and then the term “Biomass-Based Diesel” or “Biomass-Based Diesel Blend” (Examples: “100% Biomass-Based Diesel”; “70% Biomass-Based Diesel Blend”); or

(ii) The Federal Trade Commission (FTC) 2011 16 CFR Part 306 approved label for biomass-based diesel blends greater than 20% biomass-based diesel.

(d) Documentation for Biodiesel, Biodiesel Blends, Biomass-Based Diesel, and Biomass-Based Diesel Blends. The operator of retail and non-retail dispensers must be provided, at the time of delivery of the fuel, with a declaration of the volume percent biodiesel, biomass-based diesel, or any combination thereof on an invoice, bill of lading, shipping paper, or other document in compliance with OAR 603-027-0430(1)(a).

(e) Exemption.

(A) Biodiesel blends containing 5% or less biodiesel by volume, 5% or less biomass-based diesel by volume, or a combination of 5% or less biodiesel by volume and 5% or less biomass-based diesel by volume, are exempted from the dispenser labeling requirements in OAR 603-027-0430(6) except,

(B) If a dispenser is labeled with any reference to biodiesel or biomass-based diesel and the fuel contains 5% or less biodiesel, 5% or less biomass-based diesel, or 5% or less biodiesel by volume and 5% or less biomass-based diesel by volume, then it must be labeled as appropriate either:

(i) With the capital letter “B” followed by the numerical value representing the volume percentage of biodiesel fuel and ending with “Biodiesel Blend” (Example: “B5 Biodiesel Blend”); or

(ii) With the numerical value representing the volume percentage of biomass-based diesel immediately followed by the percentage symbol (%) and then the term “Biomass-Based Diesel Blend” (Example: “5% Biomass-Based Diesel Blend”); or

(iii) If a combination of biodiesel and biomass-based diesel not exceeding five percent by volume of each product, “Contains Minimum 5% Renewable Fuel” or similar language.

(f) Size of Labeling Type. Except for the FTC 2011 16 CFR Part 306 approved labels and the “Consult Vehicle Manufacturer Fuel Recommendations” labels as specified, all labeling required in OAR 603-027-0430(6), must be in type at least 12 mm (1/2 inch) in height and 1.5 mm (1/16 inch) stroke (width of type).

(7) Aviation Gasoline: Labeling of Grade Required. Aviation gasoline and dispensers shall be identified by and labeled with Grade 80, Grade 100, or Grade 100LL.

(8) E85 Fuel Ethanol:

(a) How to Identify E85 Fuel Ethanol. Fuel ethanol shall be identified as E85. (Example: E85)

(b) Retail or Nonretail E85 Fuel Ethanol Dispenser Labeling.

(A) Fuel ethanol dispensers shall be labeled with its automotive fuel rating in accordance with 16 Code of Federal Regulations Part 306.

(B) A label shall be posted which states, “For Use in Flexible Fuel Vehicles (FFV) Only”. This information shall be posted on the upper 50% of the dispenser front panels in a position clear and conspicuous from the driver’s position, in a type at least 12.7 mm (1/2 inch) in height, 1.5 mm (1/16 inch) stroke (width of type).

(C) A label must be posted that states, “Consult Vehicle Manufacturer Fuel Recommendations”. This label must be posted on the dispenser front panels in a position clear and conspicuous from the driver’s position in block letter type at least 6 mm (1/4 inch) in height by 0.8 mm (1/32 inch) stroke (width of type) and the color must be in definite contrast to the background color to which it is applied.

(9) Fuel Methanol:

(a) Identification of Fuel Methanol. Fuel methanol shall be identified by the capital letter M followed by the numerical value volume percentage of methanol. (Example: M85)

(b) Retail or Nonretail Dispenser Labeling. Each retail or nonretail dispenser of fuel methanol shall be labeled in type at least 12 mm (1/2 inch) in height and 1.5 mm (1/16 inch) stroke (width of type) with the capital letter M followed by the numerical value volume percent methanol and ending with the word "methanol". (Example: M85 Methanol).

(c) Additional Labeling Requirements. Fuel methanol shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

Stat. Auth.: ORS 561.190, 646.905 - 646.990 & 1997 OL Ch. 310 (SB 414)
Stats. Implemented: ORS 183, 646.905 - 646.990 & 1997 OL Ch. 310 (SB 414)
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 5-2002, f. & cert. ef. 1-28-02; DOA 17-2006, f. & cert. ef. 9-26-06; DOA 15-2007(Temp), f. & cert. ef. 10-15-07 thru 4-11-08; DOA. 20-2007(Temp) f. & cert. ef. 11-29-07 thru 4-11-08; DOA 8-2008, f. & cert. ef. 2-15-08; DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08; DOA 21-2008, f. & cert. ef. 9-11-08; DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10; DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10; DOA 19-2010, f. & cert. ef. 9-14-10; DOA 15-2011, f. & cert. ef. 9-9-11; DOA 24-2011, f. & cert. ef. 12-14-11

603-027-0440

Storage Tanks

(1) Water in Motor Vehicle Fuel Storage:

(a) Water in Gasoline-Alcohol Blends, Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, and Aviation Gas. No water or water-alcohol phase greater than six millimeters (1/4 in) as determined by an appropriate detection paste is allowed to accumulate in any tank utilized in the storage of gasoline-alcohol blend, biodiesel, biodiesel blends, E85 fuel ethanol, M85 fuel methanol, and aviation fuel.

(b) Water in Gasoline, Diesel, Biomass-Based Diesel, Biomass-Based Diesel Blends, Gasoline-Ether, and Other Fuels. Water phase shall not exceed 25 mm (1 inch) in depth when measured with water indicating paste in any tank utilized in the storage of diesel, biomass-based diesel, biomass-based diesel blends, gasoline, gasoline-ether blends at retail or nonretail except as required in OAR 603-027-0440(1)(a).

(2) Product Storage Identification:

(a) Fill Connection Labeling.

(A) The fill connection for any motor vehicle fuel or aviation fuel storage tank from which the fuels are dispensed directly into motor vehicle or aircraft fuel tanks shall be permanently, plainly, and visibly marked as to the grade of product contained therein.

(B) In addition, storage tank fill connections of non-ethanol blended gasoline shall be permanently, plainly, and visibly marked that the product contained therein is non-ethanol blended gasoline.

(b) Declaration of Meaning of Color Code. When the fill connection device is marked by means of a color code, the color code key shall be conspicuously displayed at the place of business.

Stat. Auth.: ORS 561.190, OL 1997, Ch. 310 (SB 414) & 646.905 - 646.990
Stats. Implemented: OL 1997, Ch. 310 (SB 414), ORS 646.905 - 646.990 & 183
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 17-2006, f. & cert. ef. 9-26-06; DOA 8-2008, f. & cert. ef. 2-15-08; DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08; DOA 21-2008, f. & cert. ef. 9-11-08; DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10; DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10; DOA 24-2011, f. & cert. ef. 12-14-11

603-027-0450

Official Sampling Procedures; Inspections and Recordkeeping

(1) Official samples of motor vehicle fuel for testing shall be obtained by the Director or the Director's designate from:

(a) The same dispensing device used for sales to customers;

(b) Any bulk facility;

(c) Any transporter of motor vehicle fuels.

(2) The official sample shall be obtained in the following manner:

(a) The official sample shall be collected into a clear or brown glass bottle or a metal container approved for such use;

(b) The container shall be sealed and identified immediately after the official sample has been obtained;

(c) At the motor vehicle fuel dispenser, the official sample shall be collected after at least 2 litres (one-half gallon) has been dispensed. This official sample shall be considered representative of the product dispensed.

(3) The Director of Agriculture, or the Director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records, and equipment the Director requires to be kept by a biodiesel or other renewable diesel producer, facility operator or importer as may be necessary to carry out the duties of the Director under OAR 603-027-0420 and 603-027-0430.

(4) The Director or the Director’s authorized agent, may obtain up to eight times per calendar year, at no cost to the Department, representative samples of biodiesel from any producer, bulk facility, business, or other establishment that sells, offers for sale, distributes, transports, hauls, delivers, or store biodiesel. The entire cost of transporting and testing of the samples shall be the responsibility of and invoiced directly to the business from which the sample was obtained. Any additional biodiesel testing beyond this specific requirement at the request of the Director shall be paid for by the Department of Agriculture.

(5) The Director of Agriculture, or the Director’s authorized agent, upon reasonable oral or written notice, may make such examinations of books, papers, records, and equipment the Director requires to be kept by an ethanol production facility located in Oregon as may be necessary to carry out the duties of the Director under OAR 603-027-0420.

(6) At the time samples, or copies of books, papers or records of the owner or operator are obtained, the owner or operator shall specify what, if any, information the owner or operator considers to be confidential business information or a trade secret. The Department shall keep any information so specified (including the results of any test) in a separate file marked "confidential." The disclosure of such information shall be governed by the Oregon Public Records Law, ORS 192.410 et. seq. and section 8 of 1997 Oregon Laws Chapter 310. Nothing in this rule shall be construed to limit the use of such information in any enforcement proceeding by the Department. In the event such information is required in any enforcement proceeding by the Department, it may be used under a protective order.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 646.905, 646.915 & 646.920
Stats. Implemented: ORS 646.905, 646.915 & 646.920
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 21-2008, f. & cert. ef. 9-11-08

603-027-0460

Test Methods and Reproducibility Limits

(1) Test Methods.

(a) The ASTM Standard Test Methods referenced for use within the applicable Standard Specification shall be used for enforcement purposes.

(b) Premium Diesel. The following test methods shall be used to determine compliance with the premium diesel parameters:

(A) Cetane Number -- ASTM D 613,

(B) Low Temperature Operability -- ASTM D 4539 or ASTM D 2500 (according to marketing claim),

(C) Thermal Stability -- ASTM D 6468 (180 minutes, 150 0C), and

(D) Lubricity -- ASTM D 6079.

(2) Reproducibility Limits:

(a) AKI Limits. When determining the antiknock index (AKI) acceptance or rejection of a gasoline sample, the AKI reproducibility limits as outlined in ASTM D 4814 Appendix X1 shall be acknowledged for enforcement purposes.

(b) The reproducibility limits of the ASTM standard test method used for each test performed shall be acknowledged for enforcement purposes, except as indicated in OAR 603-027-0460(2)(a).

(c) Dispute Resolution. In the event of a dispute over a reported test value, the guidelines presented in ASTM D 3244, "Standard Practice for Utilization of Test Data to Determine Conformance with Specifications", shall be used to determine the acceptance or rejection of the sample.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 646.905, 646.915 & 646.920
Stats. Implemented: ORS 646.905, 646.915 & 646.920
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 5-2002, f. & cert. ef. 1-28-02; DOA 21-2008, f. & cert. ef. 9-11-08

603-027-0470

Embargo of Product

(1) Stop Use Order, Hold Order or Removal Order:

(a) The Director may issue a Stop Use Order, Hold Order, or Removal Order for any motor vehicle fuel which fails to meet the requirements of OAR 603-027-0420 through 603-027-0460;

(b) A Stop Use Order, Hold Order or Removal Order may be affixed by the Director or the Director's designate to dispensing devices and storage devices containing the motor vehicle fuel ordered off sale:

(A) The Stop Use Order, Hold Order or Removal Order shall be attached to the storage tank fill cap and dispenser where the motor vehicle fuel is stored and dispensed;

(B) The Stop Use Order, Hold Order or Removal Order shall contain the following information:

(i) A notice that the motor vehicle fuel has been prohibited from sale or use;

(ii) A notice that the motor vehicle fuel is not to be disposed of without authorization from a Department official;

(iii) Location of the motor vehicle fuel;

(iv) Identification of the motor vehicle fuel;

(v) Brand name;

(vi) Number and type of containers;

(vii) Marked contents;

(viii) Other identification;

(ix) Violation;

(x) Name of official;

(xi) Date.

(c) Any motor vehicle fuel which has been ordered off sale shall not be exposed for sale except under the following circumstances:

(A) The bulk facility, wholesale dealer, retail dealer, or nonretail dealer may be authorized to sell the motor vehicle fuel provided:

(i) It can be brought up to represented quality;

(ii) It can be brought up to ASTM specifications.

(B) The Director or the Director's designate may approve of any disposition of an off-sale commodity provided the disposition is not in conflict with Oregon Laws 1997, Chapter 310 Section 2, 3 and 5, and OAR 603-027-0420 through 603-027-0440;

(C) Any disposition authorized by the Director or the Director's designate shall be recorded on the Stop Use Order, Hold Order or Removal Order.

(D) If the Director or the Director's designate finds that the motor vehicle fuel cannot be brought up to represented quality or meet the specifications pursuant to Oregon Laws 1997, Chapter 310 Section 2, 3 and 5, and OAR 603-027-0420 through 603-027-0440, the Director or the Director's designate shall order the motor vehicle fuel removed by issuance of a Stop Use Order, Hold Order, or Removal Order to the bulk facility, wholesale dealer, retail dealer, or nonretail dealer. The Director or the Director's designate may authorize the motor vehicle fuel to be removed:

(i) To a facility capable of reblending or refining;

(ii) To another area within the state if specifications of that area can be met;

(iii) Outside the state;

(iv) Any disposition authorized by the Director or the Director's designate shall be recorded on the Stop Use Order, Hold Order or Removal Order.

(2) The owner or operator of a facility which is the subject of a Stop Use Order, Hold Order or Removal Order may appeal such an order in the manner provided in OAR 603-027-0490. A statement of appeal rights shall be included with any Stop Use, Hold or Removal Order posted as provided by section (1) of this rule. The Stop Use, Hold or Removal Order shall also be served on the owner or operator of the facility, as provided by OAR 603-207-0490. In the event the owner or operator requests a hearing to contest the Stop Use, Hold or Removal Order, such hearing shall be held as soon as is reasonably practicable. Where reasonably practicable, the Department shall give the owner or operator of the facility prior written notice of its intent to issue a Stop Use, Hold or Removal Order. In the event the owner or operator of the facility requests a hearing to contest a Stop Use, Hold or Removal Order, such person may request that the order be stayed pending completion of the contested case. The Director or the Director's designate shall stay the order if the party provides evidence and the Department determines that:

(a) The party will suffer irreparable injury if the order is not stayed;

(b) There is a colorable claim of error in the proposed order; and

(c) Granting the stay will not result in substantial public harm.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 646.905 - 646.990, OL 1997, Ch. 310 (SB 414)
Stats. Implemented: ORS 646.905-646.990, 183, OL 1997, Ch. 310 (SB 414)
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 5-2002, f. & cert. ef. 1-28-02; DOA 8-2008, f. & cert. ef. 2-15-08

603-027-0480

Definitions

In addition to the definitions set forth in OAR 603-027-0410 Definitions, the following shall apply:

(1) "Civil Penalty Assessment Notice" (CPAN) shall be an order in a contested case for the purpose of judicial review and means a document which informs a person of the existence of a violation and the assessment of a civil penalty amount as provided for in Table 2 of OAR 603-027-0490(9). This document may be served by registered mail, certified mail, or in person.

(2) "Enforcement" means any documented action taken to address a violation.

(3) "Gravity" means grave consequences, seriousness or importance of a violation.

(4) "Impact" means the financial impact on consumers and dealers.

(5) "Intentional" means any violation where the department has documented evidence that the respondent acted with the conscious objective to cause the result or engaged in the conduct described in these regulations.

(6) "Magnitude of Violation" means the seriousness of a violation with respect to how it is categorized by the department. The violations shall be categorized as either Gravity 1: Minor violations; Gravity 2: Moderate violations; Gravity 3: Major violations.

(a) Gravity 1 means the act was unintentional, not negligent and the impact was small or absent;

(b) Gravity 2 means the act was unintentional, not negligent and the impact was large;

(c) Gravity 3 means the act was intentional, negligent and the impact was large.

(7) "Negligent" means any violation where the respondent acted in a careless or inattentive manner, and therefore committed a violation as a result of neglect.

(8) "Notice of Noncompliance" (NNC) shall be an order in other than a contested case for purposes of judicial review and means a written warning, issued by the Department at the time a violation is discovered, which includes, but is not limited to:

(a) A reference to the particular violation of the statute and/or administrative rule;

(b) A short and plain statement of the matters asserted;

(c) A statement of the possible ramifications of the violation. This document may be served by registered mail, certified mail, or in person.

(9) "Notice of Violation (NOV)" shall be an order in other than a contested case for purposes of judicial review and means a document which informs a person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance. This document may be served by registered mail, certified mail, or in person.

(10) "Person" means an individual, partnership, association, or corporation.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 561.190, 646.905, 646.915 & 646.920
Stats. Implemented: ORS 646.905, 646.915 & 646.920
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98

603-027-0490

Enforcement Proceedings; Civil Penalties

(1) Consolidation of Proceedings: Notwithstanding that each and every violation of these rules and/or 1997 Oregon Laws Chapter 310 is a separate and distinct act and in cases of continuing violations, each day's continuance is a separate and distinct violation, proceedings for a Stop Use, Hold and/or Removal Order, or for the assessment of civil penalties arising from the same conduct or failure to act may be consolidated into a single proceeding.

(2) The Director or the Director's designate shall prescribe a reasonable time for the elimination of the violation prior to imposing a civil penalty, except that if a party fails to abide by the terms of any Stop Use, Hold and/or Removal Order, the Director or the Director's designate may immediately impose a civil penalty in addition to any other remedies provided by law.

(3) Violations occurring after the time prescribed for the elimination of the violation shall be considered repeat violations.

(4) Civil penalties shall be due and payable when the person incurring the penalty receives a Civil Penalty Assessment Notice in writing from the Director or the Director's designate.

(5) A Civil Penalty Assessment Notice, Stop Use Order, Hold Order and/or Removal Order shall be in writing. In addition to the posting providing for by OAR 603-207-0470 for Stop Use, Hold and Removal Orders, these documents shall be served on the owner or operator of the facility by registered mail, certified mail, or in person. The notice shall include, but not be limited to:

(a) A reference to the particular section of the statute and/or administrative rule involved and;

(b) A short and plain statement of the matters asserted or charged;

(c) A statement of the amount of the penalty or penalties imposed, if any;

(d) A statement of the person's right to request a hearing if such request is made within ten days of mailing of the notice and an explanation of how a hearing may be requested;

(e) A statement that the notice becomes a final order unless the person upon whom the Stop Use, Hold and/or Removal Order, and /or civil penalty is assessed makes a written request for a hearing within ten days from the date of the mailing of the notice.

(6) A civil penalty imposed under the applicable statutes or these regulations may be remitted or reduced at the Director's discretion upon such terms and conditions that are proper and consistent with public safety and welfare.

(7) Hearing Procedures: All hearings shall be conducted pursuant to the applicable contested case procedures as outlined in ORS 183.310 to 183.550, and the Attorney General's Uniform and Model Rules of Procedure (OAR chapter 137).

(8) Entry of Order and Appeal Rights: If a person notified of the Stop Use, Hold, and/or Removal Order and/or civil penalty fails to request a hearing as specified in OAR 603-027-0490(5)(e), or if after the hearing the person is found to be in violation of the provisions of these rules, a final order may be entered by the Department as follows:

(a) The order shall be signed by the Director or the Director's designate;

(b) If the order is not appealed, or if it is appealed and the order is sustained on appeal, the order shall constitute a judgment and may be recorded with the county clerk in any county of this state. Any penalty provided in the order so recorded becomes a lien upon the title of any interest and real property in the county owned by the person against whom the order is entered.

(9) Penalty schedule: In addition to any other penalty provided by law, the Director may assess a civil penalty for violation of any provision of Oregon Laws 1997, chapter 310 section (7) relating to Motor Fuel Standards Regulation. The amount of any civil penalty shall be determined using the following table and shall not exceed $10,000. In establishing penalty assessments within the table (Table 2), the department will consider factors such as the type of violation, the cause(s) of the violation, the economic impact on fuel purchasers, prior history of violations, repetition of violations, and the degree of demonstrated cooperativeness of the fuel seller. [Table not included. See ED. NOTE.]

(10) The commission of each violation has been categorized as to its magnitude of violation as follows:

(a) Gravity 1 (Minor):

(A) Labeling of Dispenser(s) (Ref. OAR 603-027-0430);

(i) Gasoline dispenser(s) not labeled with the identity of the product dispensed;

(ii) Gasoline dispenser(s) not labeled with the identity of the grade dispensed;

(iii) Gasoline dispenser(s) not labeled with the identity of oxygenates;

(iv) Gasoline-ethanol blend dispensers not labeled that the product contains 10% by volume ethanol in compliance with OAR 603-027-0430.

(v) Gasoline dispenser(s) of non-ethanol blended gasoline, other than 91 octane or above, not labeled for exempted use only in compliance with OAR 603-027-0430.

(vi) Exceptions for non-ethanol blended gasoline, other than 91 octane or above, not posted in compliance with OAR 603-027-0430.

(vii) Use of Prohibited Terms. Prohibited terms used to describe the grade of gasoline or gasoline-oxygenate blends. (Ref. OAR 603-027-0430);

(viii) Gasoline dispenser(s) not labeled with the Antiknock Index (AKI) number;

(ix) Gasoline dispenser(s) for lead substitute motor vehicle fuels not properly identified;

(x) Diesel dispenser not labeled with either the identity of the product and/or grade dispensed;

(xi) Location of either the diesel product and/or grade label not on each face and on the upper 50 percent of the dispenser front panels;

(xii) Winter or winterized diesel fuel dispenser(s) not labeled in compliance with OAR 603-027-0430;

(xiii) Premium diesel fuel dispenser(s) not labeled in compliance with OAR 603-027-0430;

(xiv) Aviation gasoline dispenser(s) not labeled with the identity of the grade dispensed;

(xv) Fuel ethanol dispenser(s) not labeled with the correct automotive fuel rating, “For Use In Flexible Fuel Vehicles (FFV) Only”, or “Consult Vehicle Manufacturer Fuel Recommendations” in compliance with OAR 603-027-0430;

(xvi) Fuel methanol dispenser(s) not labeled with the correct automotive fuel rating and the identity of the product dispensed;

(xvii) Biodiesel, biodiesel blend, biomass-based diesel, or biomass-based diesel blend fuel dispenser(s) not labeled in compliance with OAR 603-027-0430.

(B) Storage Tank(s); Motor vehicle fuel storage tank(s);

(i) Not correctly identified as to the product contained;

(ii) Not correctly identified that the product contained therein is non-ethanol blended gasoline. (Ref. OAR 603-027-0440)

(C) Documentation; Wholesale Dealer and Bulk Facility (Ref. OAR 603-027-0430):

(i) Incorrect, incomplete, or no documentation of motor vehicle fuels provided to the retail dealer or nonretail dealer at the time of motor vehicle fuel delivery;

(ii) Motor vehicle fuel delivery documentation not maintained for at least one year at the person's registered place of business.

(D) Certificate of Analysis Documentation; Biodiesel Producer, Operator of a Biodiesel Bulk Facility, and each Person Who Imports Biodiesel not keeping on a monthly basis for at least one year, at the person’s registered place of business the certificate of analysis for each batch or production lot of biodiesel sold or delivered in Oregon (Ref. OAR 603-027-0430);

(E) Visual Appearance Analysis Documentation; Biodiesel Producer, Operator of a Biodiesel Bulk Facility, and each Person Who Imports Biodiesel not keeping on a monthly basis for at least one year, at the person’s registered place of business the analysis records for visual appearance tests that are performed upon first receipt at a wholesale facility prior to commingling with existing product for each batch or production lot of biodiesel sold or delivered in Oregon (Ref. OAR 603-027-0430);

(F) Documentation; Biodiesel Production Facility not keeping, on a monthly basis for at least one year, at the person’s registered place of business, documentation declaring the producer’s name, location address, date and quantity of biodiesel production and sales (Ref. OAR 603-027-0430);

(G) Documentation not delivered on a quarterly basis to the Oregon Department of Agriculture declaring the biodiesel producer’s name, location address, date and quantity of biodiesel production and sales in compliance with OAR 603-027-0430;

(H) Documentation; Retail Dealer, Nonretail Dealer, and Wholesale Dealer not providing, upon request of the Department, evidence of a certificate of analysis for the biodiesel received (Ref. OAR 603-027-0430);

(I) Documentation; Ethanol Production Facility not keeping, on an annual basis by month, at the person’s registered place of business, documentation declaring the production facility’s name, location address, net ethanol production capacity, the date that the net ethanol capacity attained, quantity of ethanol produced, and sales in Oregon.

(J) Documentation declaring the ethanol facility’s name, location address, net ethanol production, date, quantity of ethanol produced, and sales in Oregon not delivered to the Oregon Department of Agriculture on a quarterly basis in compliance with OAR 603-027-0430;

(K) Documentation; Retail Dealer and Nonretail Dealer (Ref. OAR 603-027-0430); Octane rating certification or motor vehicle fuel delivery documentation not maintained at their facilities for the three most recent deliveries to the facility for each grade of gasoline, fuel ethanol, fuel methanol, biodiesel, biodiesel blends, diesel fuel, biomass-based diesel fuel, and biomass-based diesel fuel blends sold or offered for sale.

(b) Gravity 2 (Moderate):

(A) Storage Tank(s);

(i) Water phase in motor vehicle fuel storage tank(s) for gasoline-alcohol blends, B100 Biodiesel, Biodiesel Blends, E85 fuel ethanol, M85 fuel methanol, and aviation fuel exceed allowable limits (Ref. OAR 603-027-0440);

(ii) Water phase in motor vehicle fuel storage tank(s) for gasoline, diesel, biomass-based diesel, biomass-based diesel blends, gasoline-ether, and other fuels exceed allowable limits (Ref. OAR 603-027-0440).

(c) GRAVITY 3 (Major):

(A) Automotive fuel rating of the gasoline does not meet the minimum antiknock index (AKI) posted on the dispenser or certified on the invoice, bill of lading, shipping paper, or other documentation. (Ref. OAR 603-027-0420 and 603-027-0430);

(B) Gasoline minimum motor octane number is less than 82 for gasoline with an AKI of 87 or greater;

(C) Gasoline does not meet ASTM standards (Ref. OAR 603-207-0420);

(D) Gasoline offered for sale with a lead substitute that does not meet requirements for a lead substitute gasoline. (Ref. OAR 603-027-0420);

(E) Ethanol intended for blending with gasoline does not meet the requirements of ASTM D 4806, “Standard Specification for Denatured Fuel Ethanol for Blending with gasolines for Use as Automotive Spark-Ignition Engine Fuel”. (Ref. OAR 603-027-0420);

(F) Gasoline sold or offered for sale does not meet gasoline-ethanol blend requirements (Ref OAR 603-027-0420);

(G) Gasoline Additive Restrictions: A wholesale dealer, retail dealer, or nonretail dealer selling or offering for sale gasoline blended or mixed with prohibited additives. (Ref. OAR 603-027-0420);

(H) Diesel fuel offered for sale does not meet ASTM standards (Ref. OAR 603-027-0420);

(I) Winter or Winterized diesel fuel offered for sale does not meet Standard Fuel Specifications (Ref. OAR 603-027-0420);

(J) Premium diesel fuel offered for sale does not meet Standard Fuel Specifications (Ref. OAR 603-027-0420);

(K) Biodiesel intended for blending with diesel fuel does not meet ASTM Standard Fuel Specifications (Ref. OAR 603-027-0420);

(L) Biodiesel blend offered for sale does not meet fuel specifications (Ref. OAR 603-027-0420);

(M) Each batch or production lot of biodiesel produced in or imported into Oregon not analyzed and issued a Certificate of Analysis prior to blending, sale, or offered for sale in Oregon. (Ref. OAR 603-027-0420);

(N) Biodiesel Certificate of Analysis expired prior to blending, sale, or offer for sale in Oregon. (Ref. OAR 603-027-0420);

(O) Biodiesel not analyzed for and complying with the visual appearance test (ASTM D 4176) upon its first receipt at a wholesale facility and prior to commingling with existing product. (Ref. OAR 603-027-0420);

(P) Biodiesel not analyzed and the Certificate of Analysis issued by a motor fuel laboratory complying with OAR 603-027-0420 prior to blending, sale, or offer for sale in Oregon. (Ref. OAR 603-027-0420);

(Q) Biomass-based diesel sold or offered for sale does not meet fuel specifications (Ref. OAR 603-027-0420);

(R) Biomass-based diesel blends sold or offered for sale do not meet fuel specifications (Ref. OAR 603-027-0420);

(S) Diesel fuel sold or offered for sale does not meet diesel-biodiesel and biomass-based diesel blend requirements. (Ref. OAR 603-027-0420);

(T) Biodiesel, biodiesel blends, biomass-based diesel, biomass-based diesel blends, or any combination thereof content not to nearest 1 volume percent for blends through 5 percent by volume or not to nearest 2 volume percent for blends greater than 5 percent by volume through 20 percent by volume (Ref. OAR 603-027-0420);

(U) Aviation gasoline does not meet the requirements of ASTM D 910, “Standard Specification for Aviation Gasolines”. (Ref. OAR 603-027-0420);

(V) E85 Fuel Ethanol offered for sale does not meet ASTM Standard Fuel Specifications (Ref. OAR 603-027-0420);

(W) M85 Fuel Methanol offered for sale does not meet ASTM Standard Fuel Specifications (Ref. OAR 603-027-0420).

[ED. NOTE: Table referenced is not included in rule text. Click here for PDF of table.]

Stat. Auth.: ORS 561.190, OL 1997, Ch. 310 (SB 414) & 646.905 - 646.990
Stats. Implemented: OL 1997, Ch. 310 (SB 414), ORS 646.905 - 646.990 & 183
Hist.: AD 19-1997, f. 12-9-97, cert. ef. 1-1-98; DOA 5-2002, f. & cert. ef. 1-28-02; DOA 17-2006, f. & cert. ef. 9-26-06; DOA 8-2008, f. & cert. ef. 2-15-08; DOA 12-2008(Temp), f. 3-14-08, cert. ef. 3-17-08 thru 9-12-08; DOA 21-2008, f. & cert. ef. 9-11-08; DOA 11-2009(Temp), f. & cert. ef. 7-24-09 thru 1-17-10; DOA 16-2009, f. 12-23-09, cert. ef. 1-1-10; DOA 19-2010, f. & cert. ef. 9-14-10; DOA 24-2011, f. & cert. ef. 12-14-11

Regulation for Equipment Specifications,
Tolerances, and Other Technical Requirements

603-027-0630

Application

OAR 603-027-0635 and 603-027-0640 shall apply to weighing and measuring instruments and devices within Oregon as follows:

(1) To commercial weighing and measuring equipment; that is, to weights and measures and weighing and measuring devices commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, vehicles, produce, or articles for distribution or consumption, purchases, offered or for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination.

(2) To any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed that its operation affects the accuracy of the device.

(3) To weighing and measuring equipment in official use for the collection of statistical information by government agencies.

Stat. Auth.: ORS 561.190 & ORS 618.136 - ORS 618.246
Stats. Implemented: ORS 561.190 & ORS 618.136 - ORS 618.246
Hist.: AD 1010(23-74), f. 12-20-73, ef. 1-11-74

603-027-0635

Adoption of the National Institute of Standards and Technology Handbook 44

Except as provided in OAR 603-027-0640, the specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and measuring equipment within Oregon shall be those adopted by the National Conference on Weights and Measures, and contained in the 2010 Edition of Handbook 44, published by the U.S. Department of Commerce, entitled the "National Institute of Standards and Technology Handbook 44-Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", which publication is by this reference hereby made a part of this rule.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561 & 618

Stats. Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.076, 618.081, 618.086, 618.096, 618.115, 618.151 &
618.275
Hist.: AD 1010(23-73), f. 12-20-73, ef. 1-11-74; AD 1056(2-75), f. 4-16-75, ef. 5-11-75; AD 6-1977, f. & ef. 3-21-77; AD 10-1979, f. & ef. 8-22-79; AD 19-1981, f. & ef. 8-21-81; AD 2-1986, f. & ef. 1-21-86; AD 9-1988, f. & cert. ef. 12-15-88; AD 8-1990, f. & cert. ef. 4-5-90; AD 3-1992, f. & cert. ef. 4-9-92; AD 12-1996, f. & cert. ef. 12-10-96; DOA 8-2000, f. & cert. ef. 3-29-00; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07; DOA 19-2010, f. & cert. ef. 9-14-10

603-027-0640

Exceptions to the National Institute of Standards and Technology Handbook 44

The following exceptions and amendments are made to said handbook identified in OAR 603-027-0635:

(1) General Code: Section G-UR. User Requirements. In the last sentence of subsection G-UR.4.1 "Maintenance of Equipment", change "device user" to "device owner or operator".

(2) Scale Code:

(a) Section UR.3. User Requirements. At the end of subsection UR.3.3 "Single-Draft Vehicle Weighing", of the Scale Code in said handbook, add a new paragraph (c): "(c) The requirements of this rule apply only to new or used vehicle scales installed after August 13, 1975."

(b) Section UR.3. User Requirements. At the end of subsection UR.3.7.(a) add "and domestic solid waste".

(c) Add a new subsection UR.3.3.1. "Multiple-Draft Vehicle Weighing," to the Scale Code in said handbook: "UR.3.3.1. Multiple Draft Vehicle Weighing." A vehicle scale installed and in use for weighing highway vehicles prior to August 13, 1975, may, at its then existing location, continue to be used for commercially weighing a highway vehicle or a coupled highway vehicle in multiple-draft rather than a single draft if:

(A) The vendor and vendee to the weighing transaction or an agent of either with written authority to consent to the transaction, agree in writing to a multiple-draft weight determination and provide written disclosure of the multiple-draft weight determination for the information of third parties to the weighing transaction, in a manner prescribed by the Department;

(B) At least one of the approaches to such a scale is straight, level and in the same plane as the scale platform and the weight determination is made using that approach; and

(C) The vehicle weight is limited or distributed on the scale platform so as not to exceed the manufacturer's rated sectional capacity for such a scale.

(d) Non-price-computing non-electronic mechanical scales of 50 kilograms (110 pounds) capacity or less that meet other Scale Code design, performance, marking and user requirements are exempt from ACCURACY CLASS MARKING under Section S.5. provided that devices intended for Class III applications excluding retail precious metals and semi-precious gem weighing under Table 7a. of Scale Code Section UR.1.1(a) shall have a minimum of 240 scale divisions.

(3) Appendix D Definitions.

(a) Direct Sale. Replace with the following: "A sale in which both parties in the transaction are present when the quantity is being determined."

(b) Remanufactured device. At the end of the Remanufactured device definition add "by a remanufacturer."

(c) Remanufacturer. Add the following definition: "Remanufacturer. A company or individual who produces remanufactured devices or remanufactured main elements for resale."

(4) Hydrocarbon Gas Vapor-Measuring Devices Code. Section 3.33. Add a new subsection "N.7. Leak Test" to the Hydrocarbon Gas Vapor-Measuring Devices Code in said handbook: "N.7. Leak Test. Each hydrocarbon gas vapor-measuring device shall be submitted to a pressure leak test not to exceed the manufacturer's maximum rated pressure."

[ED. NOTE: Tables referenced are available from the agency.]

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS 618.016, 618.031, 618.051, 618.056, 618.066, 618.076, 618.081, 618.086, 618.096, 618.115, 618.151 & 618.275
Hist.: AD 1010(23-73), f. 12-20-73, ef. 1-11-74; AD 1050(40-74), f. 11-20-74, ef. 12-11-74; AD 1056(2-75), f. 4-16-75, ef. 12-11-74; AD 6-1977, f. & ef. 3-21-77; AD 9-1979, f. & ef. 8-16-79; AD 12-1981, f. & ef. 7-6-81; AD 2-1986, f. & ef. 1-21-86; AD 9-1988, f. & cert. ef. 12-15-88; AD 8-1990, f. & cert. ef. 4-5-90; AD 3-1992, f. & cert. ef. 4-9-92; AD 12-1996, f. & cert. ef. 12-10-966; DOA 8-2000, f. & cert. ef. 3-29-00; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 10-2002, f. & cert. ef. 3-7-02; DOA 11-2004, f. & cert. ef. 3-26-04; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07

Weights and Measures

603-027-0650

Application

This regulation shall apply to all classes of devices and/or equipment as covered in National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, and 105-3.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the office of the agency.]

Stat. Auth.: ORS 561 & ORS 618
Stats. Implemented: ORS 618.156
Hist.: AD 20-1990, f. & cert. ef. 10-25-90

603-027-0655

National Type Evaluation Program

(1) The term "National Type Evaluation Program" shall be construed to mean a program of cooperation between the National Institute of Standard and Technology, the National Conference on Weights and Measures, the State, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," National Institute of Standards and Technology Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, specifications and Tolerances for Field Standard Weights (NIST Class F)," National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerance for Field Standard Measuring Flask," or National Institute of Standards and Technology Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards."

(2) Type Evaluation: The term "type evaluation" shall be construed to mean the testing, examination, and/or evaluation of a type by a Participating Laboratory under the National Type Evaluation Programs.

(3) Type: The term "type" shall be construed to mean a model or models of a particular measurement system, instrument, element, or a field standard that positively identified the design. A specific type may carry in its measurement ranges, size, performance, an operating characteristics as specified in the Certificate of Conformance.

(4) Participating Laboratory: The term "participating laboratory" shall be construed to mean any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the Certification of Capability of state Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program.

(5) Certificate of Conformance: The term "certificate of conformance" shall be construed to mean a document issued by the National Institute of Standards and Technology or the National Conference on Weights and Measures based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, 105-3.

(6) Director: The term "director" means the Director of the Department of Agriculture.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561 & 618
Stats. Implemented: ORS 618.156
Hist.: AD 20-1990, f. & cert. ef. 10-25-90; DOA 19-2010, f. & cert. ef. 9-14-10

603-027-0660

Certificate of Conformance

The Director may require any weight or measure, or any weighing or measuring instrument or device to be issued a Certificate of Conformance prior to use for commercial or law enforcement purposes.

Stat. Auth.: ORS 561 & ORS 618
Stats. Implemented: ORS 618.156
Hist.: AD 20-1990, f. & cert. ef. 10-25-90

603-027-0665

Participating Laboratory

The Director is authorize to operate a Participating Laboratory as part of the National Type Evaluation Program. In this regard, the Director is authorized to charge and collect fees for type evaluation services.

Stat. Auth.: ORS 561 & ORS 618
Stats. Implemented: ORS 618.156
Hist.: AD 20-1990, f. & cert. ef. 10-25-90

Weighing and Measuring Device Placed in Service Requirements

603-027-0670

Definitions

As used in this Chapter, unless the context requires otherwise:

(1) "Placed in Service" means to install or repair following official rejection of any weighing or measuring device used commercially or intended to be used commercially.

(2) "Predominantly in Favor" means any and all weighing or measuring equipment, by group or entirety, in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or operator:

(a) More than 50 percent of the total devices with errors in favor of the device owner or operator; and

(b) In the case of measuring devices, more than 50 percent of the devices dispensing any single product, grade, service level, or payment method, with errors in favor of the device owner or operator. Devices that are not consistently minus (i.e. have either one "zero" or one "plus" error in addition to one minus error) on either the normal or special test will not be included in the calculations to determine if the entire site or a specific product, grade, service level, or payment method, is predominantly minus.

(3) "Repair," in any of its variant forms, means to adjust or recondition any weighing or measuring device following official rejection.

(4) "Service Agency" means any agency, firm, company or corporation which for hire, award, commission, or any other payment of any kind, installs, services, repairs or reconditions a commercial weighing or measuring device.

(5) "Serviceperson" means any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device.

Stat. Auth.: ORS 561.190 & 618
Stats. Implemented: ORS 618.031 & 618.156
Hist.: DOA 26-1999, f. & cert. ef. 12-6-99; DOA 3-2007, f. & cert. ef. 2-2-07

603-027-0680

Placed in Service

A weighing or measuring device shall not be used commercially in the State of Oregon until:

(1) It is licensed as required in ORS 618.121;

(2) Either:

(a) A Placed in Service Report is completed and distributed as required in OAR 603-027-0690; or

(b) Express permission is given to the device owner or operator by a representative of the Measurement Standards Division,

(3) The devices are in compliance with all applicable requirements of the 2010 Edition of the National Institute of Standards and Technology (N.I.S.T.) Handbook 44;

(4) The devices are issued an active National Type Evaluation Program (N.T.E.P.) Certificate of Conformance (CC) on the entire weighing or measuring system unless otherwise exempted;

(5) The devices are installed in accordance with the manufacture's instructions;

(6) The devices are adjusted within applicable tolerances and not Predominantly in Favor of the device owner or operator;

(7) The devices are adjusted as closely as practicable to zero error; and

(8) Security seals are appropriately affixed to any mechanism designed to be sealed.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 561.190 & 618
Stats. Implemented: ORS 618.031 & 618.156
Hist.: DOA 26-1999, f. & cert. ef. 12-6-99; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07; DOA 19-2010, f. & cert. ef. 9-14-10

603-027-0690

Placed in Service Report

The Measurement Standards Division shall make available to each Service Agency report forms to be known as "Placed in Service Reports." A Serviceperson or a serviceperson representing a Service Agency shall sign such a form and execute it in triplicate for each rejected device restored to service and for each newly installed device placed in service. Properly completed rejection tag(s) shall suffice in lieu of a Placed in Service Report for device(s) restored to service following official rejection. Within 24 hours after a device is restored to service, or placed in service, the original of the properly executed Placed in Service Report or any completed official rejection tag removed from the device, shall be mailed to the Measurement Standards Division, 635 Capitol Street NE, Salem, Oregon, 97301-2532. The duplicate copy of the report shall be handed to or mailed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the Serviceperson or Agency.

Stat. Auth.: ORS 561.190 & ORS 618
Stats. Implemented: ORS 618.031 & ORS 618.156
Hist.: DOA 26-1999, f. & cert. ef. 12-6-99

603-027-0700

Responsibilities of Service Person or Service Agency

The Service person or Service Agency is responsible for placing in service, installing, repairing, and adjusting devices such that:

(1) The devices are in compliance with all applicable requirements of the 2010 Edition of the National Institute of Standards and Technology (N.I.S.T.) Handbook 44;

(2) The devices are issued an active National Type Evaluation Program (N.T.E.P.) Certificate of Conformance (CC) on the entire weighing or measuring system unless otherwise exempted;

(3) The devices are installed in accordance with the manufacture's instructions;

(4) The devices are adjusted within applicable tolerances and not Predominantly in Favor of the device user;

(5) The devices are adjusted as closely as practicable to zero error;

(6) Security seals are appropriately affixed to any mechanism designed to be sealed; and

(7) A Placed in Service Report is completed and distributed as required in 603-027-0690.

[Publications: Publications referenced are available from the agency.]

Stat. Auth. ORS 618.031 & 618.156
Stats. Implemented: ORS 618.031 & 618.156
Hist.: DOA 26-1999, f. & cert. ef. 12-6-99; DOA 9-2002, f. & cert. ef. 2-15-02; DOA 20-2004, f. & cert. ef. 6-28-04; DOA 3-2007, f. & cert. ef. 2-2-07; DOA 19-2010, f. & cert. ef. 9-14-10

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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