1998 Regular Session
By: Senator(s) Thames, Stogner, Harvey
Senate Bill 2528
AN ACT TO AMEND SECTION 75-55-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE TO PUBLISH THE NAMES AND ADDRESSES OF COMPANIES OR BUSINESSES FOUND GUILTY OF VIOLATING THE PROVISIONS OF THE PETROLEUM PRODUCTS INSPECTION LAW; TO AMEND SECTION 75-55-5, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS BECAUSE OF CHANGES IN THE PETROLEUM INDUSTRY OR TECHNOLOGY ADVANCES; TO AMEND SECTION 75-55-6, MISSISSIPPI CODE OF 1972, TO REQUIRE LICENSURE OF ANY PERSON OR ESTABLISHMENT ENGAGED IN THE SELLING OF PETROLEUM PRODUCTS; TO AMEND SECTION 75-55-9, MISSISSIPPI CODE OF 1972, TO DELETE THE LABELING CODE REQUIREMENT FOR PETROLEUM STORAGE TANKS AND REPLACE IT WITH A UNIFORM COLOR CODING SYSTEM; TO AMEND SECTION 75-55-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT OXYGENATED GASOLINE BLENDS SHALL MEET THE STANDARDS OF THE CHAPTER AND EXHIBIT THE PROPER SIGNS REQUIRED BY THE CHAPTER; TO AMEND SECTIONS 75-55-19 AND 75-55-27, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTIONS 75-55-13, 75-55-15, 75-55-21 AND 75-55-23, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY PROVISIONS PROVIDED IN EACH SECTION; TO AMEND SECTION 75-55-22, MISSISSIPPI CODE OF 1972, TO DELETE THE REFERENCE TO LEADED GASOLINE SINCE LEADED GASOLINE IS NO LONGER LEGALLY SOLD; TO AMEND SECTION 75-55-37, TO REVISE THE PENALTY PROVISIONS FOR VIOLATIONS OF THE CHAPTER; TO AMEND SECTION 75-55-38, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY PROVISIONS FOR VIOLATIONS OF LAWS PROVIDING FOR THE LICENSING OF PETROLEUM EQUIPMENT REPAIRMEN; TO REPEAL SECTION 75-55-41, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE APPLICATION OF THE TESTING METHODS OF THE PETROLEUM PRODUCTS INSPECTION LAW; TO CODIFY SECTION 75-55-4, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR NEW PETROLEUM PRODUCT SPECIFICATIONS BECAUSE OF CHANGES IN THE PETROLEUM INDUSTRY OR TECHNOLOGY ADVANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-55-3, Mississippi Code of 1972, is amended as follows:
75-55-3. (1) The Commissioner of Agriculture and Commerce, hereinafter referred to as the "commissioner," is vested with power and authority and is charged with the duty of administering and enforcing the provisions of this chapter which pertain to signs; the labeling of pumps, tanks and other packages and containers; to trade names; and to scales, pumps and measuring equipment, and he shall have the authority to establish
rules and regulations not inconsistent herewith in connection with its enforcement.
(2) The State Chemist is vested with power and authority and is charged with the duty of administering the provisions of this chapter which authorize the analysis of samples and the operation of the petroleum products laboratory, and he shall have the authority to establish rules and regulations in connection with its enforcement.
(3) The commissioner and the State Chemist shall have joint authority for setting specifications of petroleum products and shall have the authority to establish rules and regulations in connection with the enforcement of this chapter.
(4) The commissioner is authorized to publish the names and addresses and such other information as he deems appropriate for companies or businesses found guilty of violating the provisions of this chapter.
SECTION 2. Section 75-55-5, Mississippi Code of 1972, is amended as follows:
75-55-5. The words, terms and phrases as used in this chapter shall have the following meanings, unless the context requires otherwise:
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(a) The term "API" means the American Petroleum Institute.
(b) The term "ASTM" means the American Society for Testing and Materials.
(c) The term "approved lead substitute" means an EPA registered gasoline additive formulated to reduce valve seat recession in engines designed to operate on leaded gasoline.
(d) The term "commissioner" means the Commissioner of the Mississippi Department of Agriculture and Commerce, his agents and employees.
(e) The term "cetane number" means the relative ignition quality of diesel fuels as determined by ASTM Cetane Method D 613, Test Method for Cetane Number of Diesel Fuel Oil.
(f) The term "denatured fuel ethanol" means ethanol (ethyl alcohol) meeting the provisions of ASTM D 4806, Standard Specification for Denatured Fuel Ethanol to be Blended with Gasolines for Use as an Automotive Aspark-Ignition Fuel.
(g) The term "diesel fuel" is any petroleum product intended for use or offered for sale as a fuel for engines in which the fuel is injected into the combustion chamber and ignited by pressure with the presence of an electric spark.
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(h) The term "distributor" means any person who transports, stores or causes the transportation or storage of gasoline at any point between any gasoline refinery or importer's facility and any retail outlet or wholesale purchaser-consumer's facility.
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(i) The term "EPA" means the United States Environmental Protection Agency.
(j) The term "gasohol" means any gasoline containing a nominal ten (10) volume percent anhydrous denatured fuel ethanol and ninety (90) volume percent unleaded gasoline, regardless of other name, label or designation.
(k) The term "gasoline" means:
(i) All products commonly or commercially known or sold as gasoline (excluding casing-head and absorption or natural gasoline) regardless of their classification or other uses; and
(ii) A volatile mixture of either liquid hydrocarbons only or of liquid hydrocarbons with oxygenate(s), generally containing small amounts of additives, suitable for use as a fuel in a spark ignition, internal combustion engine.
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(l) The term "gasoline pump" * * * shall include pumps, meters and all measuring devices used for measuring gasoline and all oxygenated blended fuels; the term "diesel fuel pump" shall include pumps, meters and all measuring devices used for measuring diesel fuel; the term "kerosene pump" shall include pumps, meters and all measuring devices used for measuring kerosene; the term "liquefied compressed gas pump" shall include pumps, meters and all measuring devises used for measuring liquefied compressed gas.
(m) The term "illuminating oil" shall include coal oil, kerosene or other petroleum products used for illuminating purposes.
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(n) The term "lubricating oil" means all petroleum based oils or synthetic lubricants intended for use in the crankcase of an internal combustion engine, either spark ignition or diesel type. The purpose of the lubricating oil is to reduce friction between two (2) solid surfaces moving relative to one another.
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(o) The term "motor octane number" means the number describing the relative antiknock characteristic of a motor fuel determined by ASTM D 2700, Test Method for Knock Characteristics of Motor and Aviation Fuels by the Motor Method.
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(p) The term "nonoxygenated gasoline" means any gasoline which does not meet the definition of oxygenated gasoline.
(q) The term "octane number or antiknock index" means the number obtained by adding the research octane number and the motor octane number and dividing the sum by two (2).
(r) The term "oil" as used in this chapter shall include diesel fuel, kerosene, fuel oil, distillate, gas oil or any other product other than gasoline, as defined in this chapter, which is usable as fuel in an internal combustion engine, and any product which, on distillation in accordance with the method of test of the American Society for Testing and Materials shows not more than ten percent (10%) recovered when the thermometer shows two hundred sixty-one (261) degrees Fahrenheit; and not more than ninety-five percent (95%) recovered when the thermometer shows four hundred sixty-five (465) degrees Fahrenheit or more; provided that nothing in this paragraph shall be construed to include oils received or sold as lubricants when such oils cannot be used as a fuel in internal combustion engines.
(s) The term "oxygenate blending facility" means any facility at which the oxygen content of gasoline is altered, excluding retail outlets, and wholesale purchaser-consumer facilities.
(t) The term "oxygen content of gasoline" means the percentage of oxygen by weight contained in a gasoline, based upon its percentage oxygenate by volume, excluding denaturants and other nonoxygen-containing components with all measurements adjusted to sixty (60) degrees Fahrenheit.
(u) The term "oxygenate" means any substance which, when added to gasoline, increases the amount of oxygen in that gasoline, and which has been approved by EPA for use in gasoline. An oxygenate is an oxygen-containing, ashless organic compound which may be used as a fuel supplement or additive and includes alcohols and ethers. An oxygenated gasoline blend is a hydrocarbon gasoline containing one (1) or more oxygenates.
(v) The term "person" means any individual, firm, copartnership, joint venture, association, corporation, estate, trust or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.
(w) The term "regular" when used as part of a brand name or as a grade designation for gasoline or gasoline-oxygenate blend shall be construed to mean a leaded regular grade commercial automotive gasoline or gasoline-oxygenate blend unless the brand name or grade designation also contains the word "unleaded" or a word or term of equivalent meaning.
(x) The term "State Chemist" means the Director of the Mississippi State Chemical Laboratory, or his agents and employees.
(y) The term "terminal" means a facility which is capable of receiving gasoline in bulk, e.g., by pipeline, marine vessel, tank truck or barge, or at which gasoline is altered either in quantity or quality, excluding the additional of deposit control additives.
(z) The term "total oxygenate content" means the aggregate total in volume percent of all oxygenates contained in any fuel defined in this law.
(aa) The term "unleaded" means any gasoline or gasoline-oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.05 gram lead per United States gallon (0.013 gram lead per liter) and not more than 0.005 gram phosphorus per United States gallon (0.0013 gram phosphorus per liter).
(bb) The term "wholesale purchaser-consumer" means any organization that is an ultimate consumer of gasoline and which purchases or obtains gasoline from a supplier for use in motor vehicles and receives delivery of that product into a storage tank of at least five hundred fifty-five (555) gallon capacity substantially under the control of that organization.
SECTION 3. Section 75-55-6, Mississippi Code of 1972, is amended as follows:
75-55-6. (1) Every person, firm, association or corporation, before engaging in the sale of petroleum products at retail in this state shall obtain a license from the Commissioner of Agriculture and Commerce for each retail establishment owned and/or operated by such person, firm, association or corporation. The fee for the license shall be Fifty Dollars ($50.00). Applications for license shall be made on forms prescribed and furnished by the commissioner. Licenses issued hereunder shall expire on June 30 each year and application for renewal thereof shall be made annually before the expiration date. However, such licenses may be suspended or revoked for cause as provided in Section 75-55-37. Licenses issued hereunder shall not be transferrable and application shall be made for a new license if there is any change in the location or ownership of the retail establishment.
(2) Every person, firm, association, distributor, wholesaler, terminal or corporation, before engaging in the sale of petroleum products in this state, shall obtain a license from the commissioner. The fee for such license shall be One Hundred Dollars ($100.00). Applications for license shall be made on forms prescribed and furnished by the commissioner. Licenses issued hereunder shall expire June 30 each year and application for renewal thereof shall be made annually before the expiration date. However, such licenses may be suspended or revoked for cause as provided by Section 75-55-37. Any person, firm, association or corporation required by this section to obtain a license from the commissioner before engaging in business and who engages in such business without having first obtained the license or engages in such business after the license has expired or has been revoked by the commissioner shall be guilty of violating this chapter and may be subject to an administrative fine as provided in Section 75-55-37.
(3) Products regulated under terms of the Petroleum Products Inspection Law or regulations sold in this state shall have a name and/or brand name and such name shall be licensed with the Mississippi Department of Agriculture and Commerce. The (R + M)/2 octane rating or antiknock index * * * of applicable motor fuels, covered by the Federal Trade Commission Octane Posting and Certification Rule, shall be included in the license. The name of the establishment licenses and/or registrant, address, city, state, zip code, county and telephone number and each retail establishment, name, owner, address, city, state, zip code, county, telephone number and number of petroleum delivery nozzles located at each retail location where licensee delivers petroleum products shall also be included in the license application. Licensing forms shall be provided by the Mississippi Department of Agriculture and Commerce. Any licensee guilty of violating any of the provisions of this subsection may be fined as provided in Section 75-55-37.
(4) The commissioner or his agent shall refuse to license any product under a name that is misleading to the purchaser of such a product.
The commissioner or his agent, in his discretion, may refuse to permit any name or brand of gasoline where a similar name or brand has already been permitted. The sale of any product under any brand name that is not licensed with the department or does not meet the standards of the licensing form shall not be permitted. Pumps shall be locked down until the product or products have been duly licensed or brought up to specifications.
(5) Every pump dispensing motor fuel at retail shall conspicuously display the name and/or brand name being sold therefrom exactly as such name and/or brand name that is registered with the department. Each pump shall conspicuously display the octane number of the product. The octane number designation shall be changed whenever the product is changed. Each diesel pump dispensing those products at retail shall display the words "No. 1 Diesel" or "No. 2 Diesel." Each kerosene pump or fuel oil pump dispensing those products at retail shall display the words "No. 1-K Kerosene" or "No. 2-K Kerosene" or indicate the proper grade of fuel oil depending on the product dispensed.
(6) The labeling of all petroleum products on pumps shall be on both sides of the dispensing device which faces the vehicle and shall be in a clear and conspicuous place in type of at least one-half (1/2) inch in height, and one-sixteenth (1/16) inch stroke (width of type).
(7) Any application for licensing that is denied may be appealed to the commissioner within thirty (30) days from the date of denial of such application.
(8) Any person who has a license for a brand name for a motor fuel and fails or discontinues to sell or deliver a licensed product shall notify the commissioner within sixty (60) days after date of licensing or date of last invoice or delivery ticket. Failure to notify the commissioner shall automatically terminate and cancel the license of the brand name and the quality specification.
(9) The commissioner is further authorized and empowered following the terms of the Mississippi Administrative Procedures Act to make such reasonable rules and regulations, particularly in emergency situations, which, in his judgment, will contribute to a more efficient administration of this chapter. Such rules and regulations, when made, shall have the same binding force and effect as if incorporated in this chapter; provided further, that such rules and regulations made during the * * * emergency periods shall be withdrawn following cessation of any such emergencies.
(10) The commissioner is hereby authorized to prohibit the sale of any taxable petroleum product which is not in compliance with the provisions of this chapter.
SECTION 4. Section 75-55-9, Mississippi Code of 1972, is amended as follows:
75-55-9. Any person selling at retail gasoline, oxygenated gasoline blends, diesel fuel or kerosene, as defined in this chapter, shall at all times display signs as herein defined:
(a) All pumps and dispensing equipment for gasoline, oxygenated gasoline blends, diesel fuel or kerosene shall be marked conspicuously to show the total price per gallon of gasoline, oxygenated gasoline blends, diesel fuel or kerosene offered for sale, in figures of equal size and where fractional cents or figures are used therein, the combined height and width of the numerator and denominator shall be equal to the height and width of the other figures used. Provided, however, that any sign provided by the manufacturer of the retail pump or dispensing equipment which shows the total price per gallon and is part of the computing mechanism of such pumps and dispensing equipment shall be considered as being in compliance with this subsection.
(b) All signs placed on the premises of any service station and any highway, road, street or alley leading thereto advertising the price per gallon of gasoline, oxygenated gasoline blends, diesel fuel or kerosene offered for sale, shall show the registered brand name and total price in figures of equal size, and where fractional figures are used therein, the width of the numerator and denominator of the fraction shall be equal to one-third (1/3) of the width of the other figures, but the combined height of the numerator and denominator shall be the same as that of the other figures. Where a decimal is used, then the fraction shall be at least one-half (1/2) the height of the other figures used in the sign, and the fraction shall be at least one-third (1/3) of the width of the other figures used in the sign. All figures and fractional figures shall be painted the same color as the other figures used in the sign. The total price per gallon on signs located on all premises of any service station and on highways, roads, streets or alleys leading to the service station shall be in agreement as to the total price per gallon shown on the retail pump dispensing the same brand of gasoline, oxygenated gasoline blends, diesel fuel or kerosene as that being so advertised. All signs advertising the price per gallon of gasoline, oxygenated gasoline blends, diesel fuel or kerosene offered for sale through self-service operated pumps at retail service stations shall clearly indicate that the posted price per gallon and brand is offered for sale through self-service pumps.
(c) Containers of gasoline or oxygenated-gasoline blends below fifty (50) gallons capacity, or any product flashing below one hundred (100) degrees Fahrenheit, shall be painted red; provided that containers, not of metal and of a capacity of one (1) gallon or less, may carry a red label designating the product.
(d) All filler pipes for petroleum bulk storage tanks and retail station storage tanks shall be identified by color coding with the following colors representing the following grades of gasoline, diesel fuel and kerosene. Eighty-seven (87) octane, or unleaded regular gasoline or oxygenated gasoline blends shall be designated by the color white; eighty-nine (89) octane, or unleaded mid-grade gasoline, or unleaded plus gasoline or oxygenated gasoline blends shall be designated by the color blue; ninety-one (91) through nine-three (93) octane, or unleaded premium gasoline or oxygenated gasoline blends shall be designated by the color red; diesel fuel shall be designated by the color green; kerosene shall be designated by the color black. Such coding shall be painted on the intake pipe cap or within six (6) inches thereof * * *. Nothing in this subsection shall apply to bulk storage tanks located at marine or pipeline terminals, nor bulk storage tanks used for the storage of liquefied compressed gas * * *.
SECTION 5. Section 75-55-11, Mississippi Code of 1972, is amended as follows:
75-55-11. No person shall sell as gasoline or oxygenated gasoline blends any product which fails to meet the standard as defined in this chapter, nor sell any gasoline or oxygenated gasoline blends at retail without exhibiting the proper signs as required in this chapter, and provided further, that all gasoline or oxygenated gasoline blends offered for sale shall always be as high octane number as advertised to be.
SECTION 6. Section 75-55-13, Mississippi Code of 1972, is amended as follows:
75-55-13. It shall be unlawful to sell, offer or keep for sale, any lubricating oils, lubricants or mixtures of lubricants which are adulterated or falsely labeled in any particular. Reclaimed, recleaned, rerefined or previously used oils shall be plainly labeled and sold as such. The labeling and advertising appearing on any container used to store a previously used lubricating oil shall be strictly in accord with the kind of product contained therein. On the face of each sealed container containing a previously used motor or lubricating oil, the wording or sign used to indicate that the product has been previously used must be in well-balanced letters.
Labels on containers of reclaimed, recleaned, rerefined or recycled oil which meet the Society of Automotive Engineers (SAE) and American Petroleum Institute (API) classifications for current (one (1) of the previous two (2) chronological API service classifications) model year automotive engines shall be at least one-eighth (1/8) inch high on containers of one (1) gallon or less, and at least one-fourth (1/4) inch high on containers larger than one (1) gallon.
Reclaimed, recleaned, rerefined or previously used motor or lubricating oils, lubricants or mixtures of lubricants not meeting the classifications described in the preceding paragraph shall be labeled as follows: On one (1) quart containers the lettering shall not be less than three-eighths (3/8) inches high; on one-half (1/2) gallon containers the lettering shall be at least one-half (1/2) inch high; on one (1) gallon containers the lettering shall be at least three-fourths (3/4) inch high; and on five (5) gallon containers at least one (1) inch high; and on any storage can larger than five (5) gallons, a well-proportioned sign or lettering must appear with letters not less than two (2) inches high, indicating that the product has been previously used.
All tanks used for the storage of gasoline, oxygenated gasoline blends, other motor fuel, diesel fuel, kerosene or liquefied compressed gas, for wholesale or retail sales, shall be constructed and equipped in such manner as to allow the Commissioner of Agriculture and Commerce or his agents and employees to safely take an accurate physical inventory of the contents of such tanks at all reasonable hours.
All above ground tanks, drums or other containers used to store previously used motor or lubricating oils, before being rerefined or reprocessed, shall be marked "used oil" on a contrasting background with well-balanced letters not less than two (2) inches high.
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Any person guilty of violating any of the provisions of this section may be fined as provided in Section 75-55-37.
SECTION 7. Section 75-55-15, Mississippi Code of 1972, is amended as follows:
75-55-15. No person shall store, keep, expose for sale, offer for sale, or sell from any tank or container or from any pump or other distributing device or equipment, any gasoline, oxygenated gasoline blends, diesel fuel, kerosene, illuminating oil, or lubricating oils or other similar products than those indicated by the name, trade name, symbol, or sign of the manufacturer or distributor of the trademark or trade name of the product appearing upon the tank, container, pump, or other distributing equipment from which the same are sold, offered for sale or distributed; provided that the product of any manufacturer may be sold from distributing equipment not bearing the name, trade name, symbol or sign of any manufacturer. Provided further, that no distributor or other person shall deliver any gasoline, oxygenated gasoline blends, diesel fuel, kerosene, illuminating oils, or other similar products when such products are for resale to the consuming public and place said products in storage tanks, containers, or other devices when such storage tanks, containers, or other devices are labeled contrary to the true nature of the products being delivered or when such storage tanks, containers, or other devices bear any sign, symbol, trademark, or label not reflecting the true sign, symbol, trademark or name of the product being delivered.
All distributors or other persons receiving, storing, selling or distributing gasoline, oxygenated gasoline blends or oil in the State of Mississippi shall have plainly marked on the tanks, pumps, or other containers in which gasoline, oxygenated gasoline blends or oil is kept, words designating whether the product is gasoline, oxygenated gasoline blends or oil. No distributor or other person shall place any gasoline in a container marked oil or oxygenated gasoline blends, or any oil in a container marked gasoline or oxygenated gasoline blends, or oxygenated gasoline blends in any container marked gasoline or oil, nor shall there be any pipe or other connections between oil, gasoline and oxygenated gasoline blends containers. Provided, however, that nothing in this or any other law shall be construed to prohibit the use at common carrier pipeline terminals, of the same unloading lines to and between gasoline, oxygenated gasoline blends, and oil bulk storage stations, where adequate precautions have been taken to prevent contamination or adulteration of either oil, gasoline or oxygenated gasoline blends. No distributor or other person shall receive, store or distribute oil as gasoline or oxygenated gasoline blends nor gasoline as oil or alcohol-blended fuel, nor oxygenated gasoline blends as oil or gasoline nor shall any distributor or other person make a false statement to the commissioner or his successor or any of his employees with reference to products received, stored, sold or delivered by such distributor or other person.
No distributor or other person shall sell or distribute or offer for sale or distribution gasoline and oil, or either, when such gasoline or oil, or either, is mixed, blended, or adulterated in this state in any manner or with any other product. Provided, however, this section shall not be construed to prevent any purchaser of gasoline and oil, or either, to adulterate such products after purchase to meet requirements of his individual uses and purposes, but in no event shall such purchaser sell or distribute such adulterated products, and it is not intended to levy a tax on crude oil produced in this state. Provided further, that blending pumps from which gasoline and lubricating oil are dispensed at the same time into a fuel tank or other container as marine fuel, may be installed by a distributor upon the prior issuance of a permit so to do by the commissioner or his successor, when said pumps shall have been approved by the Underwriter's Laboratories, Inc. Provided further, that nothing in this paragraph shall be construed to prohibit the manufacture of oxygenated gasoline blends.
Blending of grades of gasoline, additives, and compounds shall be limited to refineries, terminals, or agents thereof, and blending pumps, and no person other than those employed at aforesaid facilities shall be permitted to blend any of the above-named products. Provided, however, that gasoline may be blended with alcohol to form oxygenated gasoline blends at other locations in the State of Mississippi as may be designated and licensed by the commissioner.
Any person guilty of violating * * * this section may be fined as provided in Section 75-55-37.
SECTION 8. Section 75-55-21, Mississippi Code of 1972, is amended as follows:
75-55-21. (1) It shall be unlawful to entice into a service station, store, expose for sale, or sell petroleum products so as to deceive or tend to deceive the purchaser as to the nature, quality or identity of the same by false representation or by substitution, mixing, blending, or adulteration, or by the use of disguised signs, camouflaged or falsely labeled containers, tanks, pumps, or other dispensing equipment, or by imitating the design, symbol, or trade name under which recognized brands of such products are generally marketed.
It is provided, however, that nothing in this chapter shall prevent a person, firm, association, or corporation, or their agents or servants from storing, exposing for sale, or selling any such petroleum products under the trade name, sign, symbol, or distinguishing mark adopted and used by such person, firm, association, or corporation in good faith, if such trade name, sign, symbol, or distinguishing mark is not deceitfully similar to that already in general use by any manufacturer or seller of such products.
(2) Persons claiming to offer for sale gasoline or other petroleum products of a higher standard than any legal or customary standard shall label the container or dispensing equipment completely with reference to the special standard claimed and such label shall constitute a full guaranty that the product sold will meet the standards claimed in every particular.
Any person guilty of violating this section may be fined as provided in Section 75-55-37.
SECTION 9. Section 75-55-22, Mississippi Code of 1972, is amended as follows:
75-55-22. Any person located in Mississippi, except the holder of a refiner or a processor's permit, who blends or mixes oxygenated gasoline blends for sale, delivery, exchange or use in Mississippi shall obtain from the commissioner a permit authorizing him to engage in business as a producer of oxygenated gasoline blends. Each producer of oxygenated gasoline blends shall have the necessary equipment to insure a complete and homogeneous mixture. The finished product shall meet all of the state's standards and specifications and shall not be transferred, sold, exchanged, delivered, used or disposed of by any other means until approved by the commissioner and the State Chemist.
All oxygenated gasoline blends transported or imported into the State of Mississippi shall comply with all specifications and standards adopted by this state for such use.
All unleaded gasoline * * * kept, offered, or exposed for sale, or sold, at retail containing one percent (1%) or more by volume of ethanol, methanol or an ethanol/methanol mixture, shall be identified as "with" or "containing" (or similar wording) "ethanol," "methanol" or "ethanol/methanol" on the upper fifty percent (50%) of the dispenser front panels in a position clear and conspicuous from the driver's position, in a type at least one-half (1/2) inch in height, and one-sixteenth (1/16) inch stroke (width of type). All letters shall be black with a contrasting background.
All distributors, processors, refiners, and any other persons receiving, storing, selling, distributing or transporting gasoline that contains one percent (1%) by volume or more of methanol, ethanol or other alcohol shall identify the type or chemical name and percentage of such alcohol on any invoice, bill of lading,
shipping paper or on any other type of documentation which is used
in normal and customary practice in the petroleum industry.
SECTION 10. Section 75-55-23, Mississippi Code of 1972, is amended as follows:
75-55-23. The commissioner * * * and his agents and employees shall have full access, ingress and egress, at all reasonable hours, to any place or building, tank, truck, storage facility or location wherein internal combustion engine fuels, lubricating oils or other like products are stored, transported, sold, offered or exposed for sale. The commissioner and his agents or employees may open for inspection any case, package or other container, tank, pump, tank car, storage tank, vehicle, stationary engine or tractor, and enter upon any barge, vessel or other vehicle of transportation and, with instruments conforming to the standards of weights and measures most recently adopted by the National Institute of Standards and Technology of the United States Department of Commerce, check any measuring device of the volume or weight of contents of any container. Furthermore, the commissioner and his agents or employees may take samples, not exceeding one (1) gallon, for analysis.
Any distributor or other person failing or refusing to permit the commissioner and his agents and employees to exercise any right or authority granted the Mississippi Department of Agriculture and Commerce under the provisions of this section shall be issued an official stop sale notice and may be fined as provided in Section 75-55-37. * * *
Any room, house, building, boat, vehicle, structure or place where any petroleum product is received, stored, manufactured, refined, distilled, blended, compounded, sold or distributed in violation of this chapter, and any such petroleum product and all property kept and used in maintaining the same, is hereby declared to be a common nuisance. If such nuisance be found to exist, any judge or chancellor authorized to issue injunctions may issue an injunction, enjoining and restraining the continuance of such nuisance for a period of not less than three (3) months, nor more than one (1) year.
SECTION 11. Section 75-55-37, Mississippi Code of 1972, is amended as follows:
75-55-37. (1) The commissioner or his duly appointed representatives shall have the right to request an inspection of any pump, truck, or other equipment, and if upon such inspection any such pump, truck, or other equipment is found to be inaccurate to the extent that a test thereof shows a deficiency of more than twenty-five (25) cubic inches on a five (5) gallon measurement, or if the right to inspect any such pump, truck, or other equipment is refused or denied the commissioner, or his duly authorized representatives, he or they shall have the right to immediately close and lock said pump and other equipment or to seal same with the commissioner's seal. If such pump, truck, or other equipment is found to be inaccurate but the deficiency is twenty-five (25) cubic inches or less on a five (5) gallon measurement, then the commissioner or his representative shall give the owner or operator thereof forty-eight (48) hours within which to correct such inaccuracy and if such person fails or refuses to correct same within said period then the commissioner or his representative shall have the right to lock and seal such pump or other equipment in the same manner as provided above.
It shall be prima facie presumed upon any refusal to allow the right to inspect that the pump, truck, or other equipment sought to be inspected is inaccurate to the extent set forth above, or is operating in violation of this chapter. When any such pump or other equipment is locked or sealed, it may not be unlocked or the seal thereon broken except in the presence of a licensed repairman called for the purpose of repairing the inaccuracy in the machinery of such pump or other equipment, and such inaccuracy shall be immediately thereafter repaired, and the pump or other equipment properly regulated. The commissioner may, in his discretion, require an affidavit from the licensed repairman repairing such pump or other equipment, or any other proof which he may deem advisable to the effect that said pump was unlocked or the seal thereon broken in the presence of such licensed repairman, and that the inaccuracies therein were thereupon completely repaired or regulated.
When a state or factory seal is broken on the measuring adjustment device on a retail pump, it shall be the duty of the station operator to notify the commissioner by United States mail, within twenty-four (24) hours, after the breaking of said seal. After the commissioner has received written notice as herein provided and he or his agent has resealed the measuring adjustment device on the pump or pumps at this station, it shall be unlawful for the owner or operator of the station or any of his employees to break a state or factory seal on the measuring adjustment device on any pump at the station during the ensuing ninety (90) days without the prior approval of the commissioner or his agent.
The State of Mississippi shall have a lien on all pumps, trucks, and other equipment used by any distributor, or other person, in the operation of his business for any tax or penalty due the State of Mississippi because of any violation of this chapter. Such lien shall be paramount to any and all private liens and all the provisions set out in Chapter 7 of Title 85 of the Mississippi Code of 1972, shall be applicable herein for the purpose of securing the enforcement of said lien, and particularly the right to secure the issuance of a writ of summons and seizure and proceedings had and done after the issuance of said writ shall be applicable. Provided, however, that the commissioner shall not be required to give any bond in any such case.
* * *
(2) If any petroleum product manufactured, distributed, stored, offered for sale or sold by any person, manufacturer, distributor, jobber or retailer in the State of Mississippi shall be adjudged by the commissioner to be in violation of the provisions of the Petroleum Products Inspection Law of Mississippi or any regulation adopted for the enforcement and administration of such law, he shall immediately issue an order of stop sale on such petroleum products. In the event subsequent violations of the foregoing provisions are detected in the product within a twelve-month period of time between such violations, the commissioner may impose an administrative fine in an amount not less than One Thousand Dollars ($1,000.00) and not more than Three Thousand Dollars ($3,000.00) for each petroleum product determined to be in violation and/or prohibit the sale of products by a distributor to the retail outlet where the violations occurred.
(3) The commissioner is authorized to issue an order of stop sale on any petroleum product which remains in violation of this chapter or rules and regulations adopted thereunder after a period of forty-eight (48) hours has lapsed from the date the initial notice of violation was issued on such product.
(4) The commissioner is authorized to suspend, revoke and/or permanently deny a license under the Petroleum Products Inspection Law of Mississippi to any person, firm, corporation or other organization determined to be guilty of two (2) or more violations per location, per year, of the Petroleum Products Inspection Law of Mississippi and the rules and regulations in force pursuant thereto.
(5) In lieu of, or in addition to, the fines provided above, the commissioner and the State Chemist shall have the power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of the Petroleum Products Inspection Law of Mississippi and the rules and regulations in force pursuant thereto, in the appropriate circuit, chancery, county or justice court in which venue may lie. The commissioner and the State Chemist may obtain mandatory or prohibitory injunctive relief, whether temporary or permanent, and it shall not be necessary for the state to post a bond or prove that no adequate remedy is available at law.
(6) Any person or officer, or agent or employee thereof, found by the commissioner to be in violation of this chapter may be fined as provided in this section unless otherwise provided in this chapter. All administrative fines imposed by the commissioner under this section shall be deposited in the State General Fund.
SECTION 12. Section 75-55-38, Mississippi Code of 1972, is amended as follows:
75-55-38. (1) Any person who repairs, adjusts or removes an official seal from a petroleum pump or metering device shall, before engaging in such activity, obtain a license from the commissioner upon showing that he is qualified to repair, adjust and test petroleum pumps and/or metering devices. Application for a petroleum equipment repairman's license shall be made annually on forms prescribed and furnished by the commissioner. A fee of Fifty Dollars ($50.00) shall be paid by the applicant at the time application for such license is made. All licenses issued hereunder shall expire on the thirty-first day of December next after its issuance. Any person so licensed shall, within three (3) days after he repairs or adjusts a petroleum pump, metering or measuring device or removes an official seal therefrom, make a report thereof to the commissioner on a form provided for such purpose by the Department of Agriculture and Commerce.
(2) Upon receipt of a license, the petroleum equipment repairman shall acquire a seal press, one (1) die of which shall be inscribed with his license number. All official pump or meter seals removed by the licensed petroleum equipment repairman shall be replaced and such replaced seals shall clearly show the license number of the petroleum equipment repairman replacing the seal(s).
(3) The commissioner shall have authority to prescribe and adopt regulations establishing additional requirements and/or qualifications for petroleum equipment repairmen.
(4) Any person, found by the commissioner to be in violation of any provision of this section or any rule or regulation adopted hereunder may be assessed an administrative fine of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00), or * * * upon a second or subsequent violation thereof, * * * may be assessed an administrative fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) * * *. In addition to fines * * * as provided herein, the commissioner may, in his discretion, suspend or revoke the license of such petroleum equipment repairman. Provided, however, that the commissioner shall afford a licensee an opportunity for a hearing, prior to suspension or revocation of a license, to show cause why his license should not be suspended or revoked.
SECTION 13. The following shall be codified as Section 75-55-4, Mississippi Code of 1972:
75-55-4. (1) Gasoline. Gasoline shall be free of undissolved water, suspended matter and of any harmful ingredient or component. Gasoline shall conform to the requirements of the current ASTM D 4814, Standard Specification for Automotive Spark-Ignition Engine Fuel. The intent of this chapter is that requirements shall be kept current with subsequent amendments and editions of ASTM D 4814. Federal or state regulations shall preempt these specifications where applicable. The required test methods are listed below. In case of a dispute, the current version of the listed methods shall be the referee methods.
Corrosion ASTM D 130
Distillation temperatures ASTM D 86
Residue ASTM D 86
Gum ASTM D 381
Sulfur ASTM D 2622 or D 4294
Vapor pressure ASTM D 4953 or D 5191
Vapor liquid equilibrium ASTM D 2533 or D 4814,
Research octane number ASTM D 2699 or D 2885
Motor octane number ASTM D 2700 or D 2885
Grades of unleaded gasoline and gasoline-oxygenate blends shall be classified as follows:
(a) Unleaded premium grade gasoline shall have an antiknock index of at least ninety-one (91). The research octane number shall be at least ninety-four (94).
(b) Unleaded mid-grade or unleaded plus gasoline shall have an antiknock index of at least eighty-nine (89). The research octane number shall be at least ninety-two (92).
(c) Unleaded regular grade gasoline shall have an antiknock index of at least eighty-seven (87). The research octane number shall be at least ninety (90).
All retail pumps or delivery devices shall be labeled with the appropriate (R + M)/2 octane antiknock index in accordance with the Federal Trade Commission Octane Posting and Certification Regulation 306.
Sale of leaded gasoline is prohibited except where allowed by the United States EPA.
(2) (a) Oxygenated gasoline or oxygenated-gasoline blends. This fuel means a blend consisting primarily of gasoline and a substantial amount of one or more oxygenates. It must be a homogeneous blend of hydrocarbons and oxygenates and must meet the specifications of the current ASTM D 4814. These blends include, but are not limited to, the following designations:
(ii) Any gasoline-oxygenate blend which meets the United States EPA's substantially similar rule, Section 211(f)(1) of the Clean Air Act, 42 U.S.C. 7545(f)(1);
(iii) Any gasoline-oxygenate blend for which there is an existing Clean Air Act waiver issued by the United States EPA.
(b) "Gasoline-oxygenate" blends shall meet the state requirements for gasoline with the following modifications:
(i) An increase in vapor pressure not exceeding one (1) pound per square inch may be allowed for gasohol January through December. The method of determination shall be ASTM D 4953 or D 5191.
(ii) Federal or state regulations affecting vapor pressure shall preempt these standards during the applicable months.
(iii) The minimum distillation temperature at fifty percent (50%) evaporated may be one hundred fifty-eight (158) degrees Fahrenheit in months when the D 4814 recommended specification is one hundred seventy (170) degrees Fahrenheit. During the winter months when Class D specifications are applicable, the minimum fifty percent (50%) evaporated temperature shall be one hundred fifty (150) degrees Fahrenheit or the temperature recommended by ASTM D 4814 for this class.
(iv) Gas-liquid chromatographic procedures will be considered as official for the determination of oxygenate content as described in ASTM D 4814.
1. Gasohol shall contain ten plus/minus five-tenths (10+/-0.5) volume percent anhydrous denatured ethanol.
2. Gasoline-oxygenate blends not otherwise defined in this chapter may contain the maximum percentage and type of oxygenates as allowed by the "Substantially Similar" rule and the Clean Air Act.
(v) Water tolerance shall be such that no phase separation occurs when the product is subjected to a temperature equal to the lowest expected ambient temperature based on seasonal volatility classifications as specified in the current ASTM D 4814.
(3) Diesel fuel. Diesel fuel shall be hydrocarbon oils free from acids and grit, fibrous or other foreign material. Diesel fuel shall meet the requirements for the current ASTM D 975, Standard Specification for Diesel Fuel Oils. The intent of this chapter is that requirements shall be kept current with subsequent amendments and editions of ASTM D 975. Federal or state regulations shall preempt these specifications where applicable. The required test methods are listed below. In case of a dispute, the current version of the listed methods shall be the referee methods.
Flash point D 93
Water and sediment D 1796
Distillation temperature at ninety percent
(90%) volume recovered D 86
Kinematic viscosity D 445
Ash D 482
Sulfur D 2622 or D 4294
Copper strip corrosion D 130
Cetane number D 613
Cloud point D 2500
Ramsbottom carbon residue D 524
For low sulfur diesel fuel one (1) of the following properties must be met:
Cetane index D 976
Aromaticity D 1319
(4) Kerosene. Kerosene shall include lamp oil, illuminating oil, and coal oil which shall conform to the detailed requirements set forth in the current ASTM D 3699, Standard Specification for Kerosene. The intent of this chapter is that requirements shall be kept current with subsequent amendments and editions of ASTM D 3699. Federal or state regulations shall preempt these specifications where applicable. The required test methods are listed below. In case of a dispute, the current version of the listed methods shall be the referee methods.
Flash point D 56
Distillation temperature D 86
Sulfur D 1266 or D 129
Mercaptan sulfur D 3227
Copper strip corrosion D 130
Freezing point D 2386
Burning quality D 187
Saybolt color D 156
In addition the gravity shall not be less than forty-one (41) degrees API, and the kerosene shall be free of water and suspended matter.
(5) Racing gasoline. Racing gasoline means any gasoline which is sold for racing purposes. Racing gasolines may be sold from retail dispensing equipment under the following conditions:
(a) The product brand name and octane number must be registered with the Commissioner of Agriculture and Commerce and the State Chemist.
(b) The manufacturer shall forward a list of marketers selling the product(s) and product(s) sold by each retail outlet.
(c) Marketers shall register their retail outlets by location and provide a list of the product(s) sold for each retail outlet.
(d) The dispensing equipment shall contain a conspicuous sign stating that the fuel is racing gasoline. The dispensing equipment shall not contain any kind of representation indicating that the product is suitable for vehicles other than for racing.
(e) The dispensing equipment shall be dedicated to and isolated from any other motor fuel dispensing equipment in a manner that a vehicle cannot access both the commercial gasoline and the racing gasoline at the same time.
(f) Any violation shall result in revocation of the approval to market and/or confiscation of the product.
(6) The commissioner and the State Chemist may change the specifications set forth in this section to comply with the currently recommended ASTM or federally required specifications.
SECTION 14. Section 75-55-41, Mississippi Code of 1972, which provides for the application of the testing methods of the Petroleum Products Inspection Law, is hereby repealed.
SECTION 15. Section 75-55-19, Mississippi Code of 1972, is amended as follows:
75-55-19. No person shall use any scales, measure or measuring device in the handling or sale of petroleum products, unless the same is true and accurate; and the standards of weights and measures shall be those most recently adopted by the National Institute of Standards and Technology of the United States Department of Commerce, except that in no event shall gasoline, oxygenated gasoline blends, diesel fuel, or kerosene be dispensed for sale through visible or bowl pumps with outside indicators, and in no event shall any such bowl be drained by any device except through the regular dispensing hose.
SECTION 16. Section 75-55-27, Mississippi Code of 1972, is amended as follows:
75-55-27. (1) No retail station pump shall dispense more than one (1) product and station pipelines for gasoline, oxygenated gasoline blends, diesel fuel, kerosene, fuel oils, or other products shall be entirely separate.
(2) No requirements or provisions of this chapter shall prevent or abridge the use of gasoline, oxygenated gasoline blends, diesel fuel, kerosene, liquefied compressed gases or other petroleum products for heating or illuminating purposes through the use of special devices approved by the commissioner when not used on a highway.
(3) The provisions of this chapter are not to apply to products unloaded in this state and intended for shipment into another state; provided no portion be offered for sale, and provided further, that all petroleum products so unloaded be reported to the commissioner.
(4) It shall be unlawful for any person to obstruct or hinder in any way the commissioner or his agents in the performance of his duties.
Where self-service pumps and attendant-operated pumps are both operated at the same retail service station, there shall be attached or painted on each such self-service pump or equipment the words "SELF-SERVICE" in letters of not less than one (1) inch in height and not less than seven (7) inches across, on a contrasting background.
SECTION 17. This act shall take effect and be in force from and after July 1, 1998.