House Bill 28

AN ACT TO AMEND SECTION 75-55-22, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF METHYL TERT-BUTYL ETHER (MTBE) AS A FUEL ADDITIVE; TO REVISE LABELING REQUIREMENTS FOR CERTAIN GASOLINE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. 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 alcohol blended fuel 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 alcohol blended fuel. Each producer of alcohol blended fuel 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. Any use of Methyl Tert-Butyl Ether (MTBE) as a fuel additive is prohibited.

All alcohol blended fuel transported or imported into the State of Mississippi shall comply with all specifications and standards adopted by this state for such use.

All gasoline, leaded or unleaded, kept, offered, or exposed for sale, or sold, at retail containing eleven percent (11%) 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 eleven percent (11%) 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 2. This act shall take effect and be in force from and after July 1, 2004.