2003 Minnesota Statutes

CHAPTER 239. Weights, measures

METRIC SYSTEM

     239.001 Citation.  

    Sections 239.001 to 239.003 may be cited as the "Metric 
 Implementation and Standards Act."  

    HIST: 1974 c 474 s 1 

     239.002 Purpose and policy.  

    In recognition of the facts that (1) only about one dozen 
 countries in the world have not yet adopted or begun to 
 implement the metric system of weights and measures; (2) the 
 United States is one, and the only major industrialized nation, 
 of that remaining number; (3) the secretary of commerce of the 
 United States, pursuant to a two-year study under the Metric 
 Study Act of 1968, has recommended that the United States now 
 begin a deliberate change to the metric system; (4) economists 
 and other students of international trade recognize the pressing 
 necessity of such a change if this country is to maintain and 
 improve its rightful place in the world trade community; and (5) 
 as the continued economic growth of this state and its local 
 industry is inextricably linked with the ability of the United 
 States to hold and competitively serve foreign export markets, 
 it is, therefore, declared to be in the best interest of the 
 state of Minnesota and its citizens that this state now begin 
 the gradual but deliberate implementation of the metric system 
 of weights and measures.  

    HIST: 1974 c 474 s 2; 1986 c 444 

     239.003 Implementation rules; commissioner of 
  administration.  

    (a) The commissioner of administration shall have general 
 supervisory authority over the implementation of the metric 
 system in the state of Minnesota.  

    (b) The commissioner of administration shall promulgate 
 such rules as may be necessary to plan for the gradual 
 implementation in the commerce of this state the metric system 
 of weights and measures.  The rules promulgated by the 
 commissioner of administration pursuant to this subdivision 
 shall: 

    (1) provide for the full conversion of the commerce of this 
 state to the metric system when this system has been fully 
 adopted as national standards by the Congress of the United 
 States; and 

    (2) insure that all state departments, divisions, agencies, 
 boards and commissions having any authority and/or 
 responsibility in matters concerning standards of weights and 
 measurement in this state shall forthwith initiate planning for 
 the gradual conversion to and implementation of the metric 
 system of weights and measures in this state.  

    HIST: 1974 c 474 s 3; 1985 c 248 s 70 

  239.004 Repealed, 1Sp2003 c 9 art 10 s 14 

WEIGHTS AND MEASURES DIVISION

     239.01 Weights and Measures Division; jurisdiction. 

    The Weights and Measures Division, referred to in this 
 chapter as the division, is created under the jurisdiction of 
 the Department of Commerce.  The division has supervision and 
 control over all weights, weighing devices, and measures in the 
 state. 

    HIST: (5270) 1911 c 156 s 1; 1971 c 25 s 42,44; 1971 c 74 s 5; 
 1991 c 198 s 1; 1Sp2001 c 4 art 6 s 70 

     239.011 Division responsibilities and powers. 

    Subdivision 1.    Responsibilities.  The division shall: 

    (1) ensure that weights and measures in commercial service 
 within the state are suitable for their intended use, properly 
 installed, accurate, and properly maintained by their owners or 
 users; 

    (2) prevent unfair or deceptive dealing by weight or 
 measure in a commodity or service advertised, packaged, sold, or 
 purchased within the state; 

    (3) make the precision calibration and related metrological 
 certification capabilities of the division available to users of 
 physical standards or weighing and measuring equipment; 

    (4) promote uniformity, to the extent practicable and 
 desirable, between the weights and measures requirements of 
 Minnesota and those of other states and federal agencies; and 

    (5) adopt weights and measures requirements that will 
 protect consumers, promote equity between buyers and sellers, 
 and encourage desirable economic growth. 

    Subd. 2.    Duties and powers.  To carry out the 
 responsibilities in section 239.01 and subdivision 1, the 
 director: 

    (1) shall take charge of, keep, and maintain in good order 
 the standard of weights and measures of the state and keep a 
 seal so formed as to impress, when appropriate, the letters 
 "MINN" and the date of sealing upon the weights and measures 
 that are sealed; 

    (2) has general supervision of the weights, measures, and 
 weighing and measuring devices offered for sale, sold, or in use 
 in the state; 

    (3) shall maintain traceability of the state standards to 
 the national standards of the National Institute of Standards 
 and Technology; 

    (4) shall enforce this chapter; 

    (5) shall grant variances from department rules, within the 
 limits set by rule, when appropriate to maintain good commercial 
 practices or when enforcement of the rules would cause undue 
 hardship; 

    (6) shall conduct investigations to ensure compliance with 
 this chapter; 

    (7) may delegate to division personnel the 
 responsibilities, duties, and powers contained in this section; 

    (8) shall test annually, and approve when found to be 
 correct, the standards of weights and measures used by the 
 division, by a town, statutory or home rule charter city, or 
 county within the state, or by a person using standards to 
 repair, adjust, or calibrate commercial weights and measures; 

    (9) shall inspect and test weights and measures kept, 
 offered, or exposed for sale; 

    (10) shall inspect and test, to ascertain if they are 
 correct, weights and measures commercially used to: 

    (i) determine the weight, measure, or count of commodities 
 or things sold, offered, or exposed for sale, on the basis of 
 weight, measure, or count; and 

    (ii) compute the basic charge or payment for services 
 rendered on the basis of weight, measure, or count; 

    (11) shall approve for use and mark weights and measures 
 that are found to be correct; 

    (12) shall reject, and mark as rejected, weights and 
 measures that are found to be incorrect and may seize them if 
 those weights and measures: 

    (i) are not corrected within the time specified by the 
 director; 

    (ii) are used or disposed of in a manner not specifically 
 authorized by the director; or 

    (iii) are found to be both incorrect and not capable of 
 being made correct, in which case the director shall condemn 
 those weights and measures; 

    (13) shall weigh, measure, or inspect packaged commodities 
 kept, offered, or exposed for sale, sold, or in the process of 
 delivery, to determine whether they contain the amount 
 represented and whether they are kept, offered, or exposed for 
 sale in accordance with this chapter and department rules.  In 
 carrying out this section, the director must employ recognized 
 sampling procedures, such as those contained in National 
 Institute of Standards and Technology Handbook 133, "Checking 
 the Net Contents of Packaged Goods"; 

    (14) shall prescribe the appropriate term or unit of weight 
 or measure to be used for a specific commodity when an existing 
 term or declaration of quantity does not facilitate value 
 comparisons by consumers, or creates an opportunity for consumer 
 confusion; 

    (15) shall allow reasonable variations from the stated 
 quantity of contents, including variations caused by loss or 
 gain of moisture during the course of good distribution practice 
 or by unavoidable deviations in good manufacturing practice, 
 only after the commodity has entered commerce within the state; 

    (16) shall inspect and test petroleum products in 
 accordance with this chapter and chapter 296A; 

    (17) shall distribute and post notices for used motor oil 
 and used motor oil filters and lead acid battery recycling in 
 accordance with sections 239.54, 325E.11, and 325E.115; 

    (18) shall collect inspection fees in accordance with 
 sections 239.10 and 239.101; and 

    (19) shall provide metrological services and support to 
 businesses and individuals in the United States who wish to 
 market products and services in the member nations of the 
 European Economic Community, and other nations outside of the 
 United States by:  

    (i) meeting, to the extent practicable, the measurement 
 quality assurance standards described in the International 
 Standards Organization ISO 9000, Guide 25; 

    (ii) maintaining, to the extent practicable, certification 
 of the metrology laboratory by a governing body appointed by the 
 European Economic Community; and 

    (iii) providing calibration and consultation services to 
 metrology laboratories in government and private industry in the 
 United States. 

    HIST: 1991 c 198 s 2; 1993 c 369 s 70; 1995 c 220 s 114; 1998 
 c 299 s 30 

     239.012 Systems of weights and measures; rules. 

    Subdivision 1.    Recognized systems.  The system of 
 weights and measures in customary use in the United States and 
 the metric system of weights and measures are both recognized.  
 One or both of these systems must be used for commercial 
 purposes in the state. 

    Subd. 2.    Rules.  The department shall adopt by rule 
 definitions of basic units of weights and measures, tables of 
 weights and measures, and weights and measures equivalents to 
 govern weighing and measuring equipment and transactions in the 
 state. 

    HIST: 1991 c 198 s 3 

     239.02 Director; deputies, employees. 

    The department shall appoint in accordance with chapter 
 43A, a director of weights and measures and such deputies and 
 other employees as may be necessary to carry out the provisions 
 of this chapter. 

    HIST: (4634, 5271) RL s 1959; 1911 c 140 s 3; 1911 c 156 s 2; 
 1921 c 382 s 1; 1971 c 25 s 43; 1977 c 364 s 12; 1981 c 210 s 
 54; 1991 c 198 s 4 

  239.03 Superseded by Minnesota Statutes, chapter 43. 

  239.04 Repealed, 1971 c 25 s 45; 1976 c 2 s 163 

     239.05 Definitions. 

    Subdivision 1.    Scope.  The terms used in this chapter 
 have the meanings given them in this section. 

    Subd. 1a.    Airport.  "Airport" has the meaning given 
 it in section 360.013, subdivision 39. 

    Subd. 2.  Repealed, 1974 c 347 s 17 

    Subd. 2a.    ASTM.  "ASTM" means the American Society 
 for Testing and Materials, a private organization that utilizes 
 committees of industry representatives and regulators to develop 
 product quality standards and test methods to be used by 
 industries, regulatory agencies, and purchasing agents. 

    Subd. 2b.    ASTM specification.  "ASTM specification" 
 means a standard quality specification developed and published 
 by the American Society for Testing and Materials.  Each 
 specification includes references to standard test methods, also 
 developed and published by ASTM. 

    Subd. 2c. Repealed, 1993 c 369 s 146 

    Subd. 3.  Repealed, 1974 c 347 s 17 

    Subd. 4.  Repealed, 1974 c 347 s 17 

    Subd. 5.  Repealed, 1974 c 347 s 17 

    Subd. 6.  Repealed, 1974 c 347 s 17 

    Subd. 6a.    Carbon monoxide control area.  "Carbon 
 monoxide control area" means a geographic area designated as an 
 oxygenated gasoline carbon monoxide control area by the United 
 States Environmental Protection Agency. 

    Subd. 6b.    Carbon monoxide control period.  "Carbon 
 monoxide control period" means a period of months designated as 
 a carbon monoxide control period by the United States 
 Environmental Protection Agency. 

    Subd. 6c.  Renumbered subd 6e 

    Subd. 6d.    Collector vehicle.  "Collector vehicle" 
 means a motor vehicle for which the commissioner of public 
 safety has issued a pioneer license, classic car license, 
 collector license, or street rod license under section 168.10, 
 or a motor vehicle registered as a collector vehicle in another 
 state. 

    Subd. 6e.    Commissioner.  "Commissioner" means the 
 commissioner of the Department of Commerce. 

    Subd. 7.    Correct.  "Correct," when used in connection 
 with weights and measures, means conformance with the applicable 
 requirements of this chapter, and rules adopted under the 
 authority granted by this chapter. 

    Subd. 7a.    Department.  "Department" means the 
 Department of Commerce. 

    Subd. 8.    Director.  "Director" means the director of 
 the Division of Weights and Measures of the Department of 
 Commerce. 

    Subd. 8a.    Dispenser.  "Dispenser" means a device 
 designed to measure and deliver liquid petroleum products used 
 as fuel. 

    Subd. 8b.    Distributor.  "Distributor" means a person 
 who is licensed by the Department of Revenue, under the 
 requirements of section 296A.03, to manufacture, refine, 
 receive, distribute, sell, or use petroleum products in 
 Minnesota. 

    Subd. 8c.    Division.  "Division" means the Division of 
 Weights and Measures of the Department of Commerce. 

    Subd. 8d.    EPA.  "EPA" means the United States 
 Environmental Protection Agency. 

    Subd. 8e.    Gasoline.  "Gasoline" has the meaning given 
 it in section 296A.01, subdivision 23. 

    Subd. 8f.    Marina.  "Marina" has the meaning given it 
 in section 86A.20, subdivision 5. 

    Subd. 8g.  Renumbered subd 9b 

    Subd. 9.    Metrology.  "Metrology" means the science 
 and practice of precise measurement, including measurement of 
 mass, length, volume, and temperature. 

    Subd. 9a.  Renumbered subd 9c 

    Subd. 9b.    Mooring facility.  "Mooring facility" has 
 the meaning given it in section 86A.20, subdivision 3. 

    Subd. 9c.    Motorcycle.  "Motorcycle" has the meaning 
 given it in section 168.011, subdivision 26. 

    Subd. 10.    Net weight.  "Net weight" means the weight 
 of a commodity excluding materials, substances, or items not 
 considered to be part of the commodity.  Materials, substances, 
 or items not considered to be part of the commodity include, but 
 are not limited to, containers, conveyances, bags, wrappers, 
 packaging materials, labels, individual piece coverings, 
 decorative accompaniments, and coupons. 

    Subd. 10a.    Oxygenate.  "Oxygenate" means 
 agriculturally derived, denatured ethanol, ETBE, MTBE, or other 
 alcohol or ether, approved as an oxygenate by the United States 
 Environmental Protection Agency. 

    Subd. 10b.    Oxygenate blender.  "Oxygenate blender" 
 means a person who has registered with the division to blend and 
 distribute, transport, sell, or offer to sell gasoline 
 containing a minimum of 2.0 percent, and an average of 2.7 
 percent oxygen by weight. 

    Subd. 10c.    Oxygenated gasoline.  "Oxygenated gasoline"
 means gasoline that has been blended with agriculturally derived 
 denatured ethanol or with another oxygenate approved by the 
 United States Environmental Protection Agency. 

    Subd. 11.    Package.  "Package" means a commodity put 
 up or packaged in advance of sale in units suitable for either 
 wholesale or retail sale. 

    Subd. 12.    Person.  "Person," means person or persons, 
 corporation, partnership, stock company, society, association, 
 or the agent or employee thereof. 

    Subd. 12a.    Person responsible for the product.  
 "Person responsible for the product" means a person or persons, 
 corporation, partnership, stock company, society, association, 
 or its agent or employee who processes, blends, holds, stores, 
 imports, transfers, distributes, offers for sale or use, or 
 sells petroleum products in Minnesota and who possesses 
 petroleum products at the time they are sampled or inspected by 
 the director. 

    Subd. 12b.    Petroleum product, product.  "Petroleum 
 product" and "product" mean all of the products defined in 
 section 296A.01, subdivisions 2, 7, 8, 10, 14, 16, 19, 20, 22 to 
 26, 28, 32, and 35. 

    Subd. 13.    Primary standards.  "Primary standards" 
 means the physical standards of the state that serve as the 
 legal reference from which all other standards and weights and 
 measures are derived. 

    Subd. 13a.    Refinery, terminal.  "Refinery" or 
 "terminal" means a petroleum refinery, pipeline terminal, river 
 terminal, storage facility, or other point of origin where 
 petroleum products are manufactured, or imported by rail, truck, 
 barge, or pipe; and held, stored, transferred, offered for 
 distribution, distributed, offered for sale, or sold.  For the 
 purpose of restricting petroleum product blending, this 
 definition includes all refineries and terminals within and 
 outside of Minnesota, but does not include a licensed 
 distributor's bulk storage facility that is used to store 
 petroleum products for which the petroleum inspection fee 
 charged under this chapter is either not due or has been paid. 

    Subd. 13b.    Resort.  "Resort" has the meaning given it 
 in section 157.15, subdivision 11. 

    Subd. 14.    Sale from bulk.  "Sale from bulk" means the 
 sale of commodities when the quantity is determined at the time 
 of the sale. 

    Subd. 14a.    Sample.  "Sample" means a sample of a 
 petroleum product taken from a dispenser or storage tank by the 
 division or a sample of a petroleum product provided to the 
 division by a licensed distributor. 

    Subd. 15.    Secondary standards.  "Secondary standards" 
 means the physical standards that are used in enforcing weights 
 and measures laws.  These standards must be traceable to the 
 primary standards.  

    Subd. 15a.    Snowmobile.  "Snowmobile" has the meaning 
 given it in section 84.81, subdivision 3. 

    Subd. 16.    Traceability; traceable.  "Traceability" 
 and "traceable" mean: 

    (1) the ability to relate individual measurement results, 
 through an unbroken chain of calibrations, to the United States 
 national standards maintained by the United States Department of 
 Commerce, National Institute of Standards and Technology; and 

    (2) the ability to produce evidence on a continuing basis 
 to demonstrate that the measurement processes used by the 
 division are producing results within the limits of uncertainty 
 designated by the National Institute of Standards and Technology.

    Subd. 17.    Weight.  "Weight" means net weight when it 
 is used in connection with a commodity sold by weight. 

    Subd. 18.    Weights and measures.  "Weights and 
 measures" mean weights and measures of every kind, instruments 
 and devices for weighing and measuring, and appliances and 
 accessories associated with these instruments and devices.  

    HIST: (5283, 5285-11) 1911 c 156 s 12; 1935 c 216 s 1; 1949 c 
 549 s 1,2; 1Sp1981 c 4 art 1 s 97; 1991 c 198 s 5; 1992 c 575 s 
 3-22,53; 1994 c 510 art 5 s 1; 1996 c 354 s 1-7; 1998 c 299 s 
 30; 1Sp2001 c 4 art 6 s 77 

     239.06 Rules. 

    The department shall prescribe and adopt such rules as it 
 may deem necessary to carry out the provisions of this chapter, 
 and it may change, modify, or amend any or all rules when deemed 
 necessary and the rules so made shall have the force and effect 
 of law.  

    HIST: (5275) 1911 c 156 s 3; 1971 c 25 s 67; 1985 c 248 s 70 

  239.07 Repealed, 1991 c 198 s 12 

  239.08 Repealed, 1991 c 198 s 12 

     239.081 Inspecting track scale. 

    The department shall supervise and inspect all track 
 scales, and may direct any carrier to transport, move, and 
 switch to any track scale free of charge any car used in the 
 inspection and testing of scales.  The department shall require 
 the installation and maintenance of track scales at terminals, 
 warehouses, and at other points in the state where scales are 
 deemed necessary.  The department shall prescribe reasonable 
 rules for the weighing of railroad cars and of freight.  Rules 
 of the department promulgated under chapter 218 and in effect on 
 January 1, 1976, which pertain to installation or inspection of 
 track scales or the weighing of railroad cars and freight shall 
 continue in effect until amended or repealed by the department.  

    HIST: 1980 c 460 s 31; 1985 c 248 s 70 

     239.09 Special police powers. 

    When necessary to enforce this chapter or rules adopted 
 under the authority granted by section 239.06, the director is: 

    (1) authorized and empowered to arrest, without formal 
 warrant, any violator of sections 325E.11 and 325E.115 or of the 
 statute in relation to weights and measures; 

    (2) empowered to seize for use as evidence and without 
 formal warrant, any false weight, measure, weighing or measuring 
 device, package, or commodity found to be used, retained, or 
 offered or exposed for sale or sold in violation of law; 

    (3) during normal business hours, authorized to enter 
 commercial premises; 

    (4) if the premises are not open to the public, authorized 
 to enter commercial premises only after presenting credentials 
 and obtaining consent or after obtaining a search warrant; 

    (5) empowered to issue stop-use, hold, and removal orders 
 with respect to weights and measures commercially used, and 
 packaged commodities or bulk commodities kept, offered, or 
 exposed for sale, that do not comply with the weights and 
 measures laws; and 

    (6) empowered, upon reasonable suspicion of a violation of 
 the weights and measures laws, to stop a commercial vehicle and, 
 after presentation of credentials, inspect the contents of the 
 vehicle, require that the person in charge of the vehicle 
 produce documents concerning the contents, and require the 
 person to proceed with the vehicle to some specified place for 
 inspection. 

    HIST: (5280) 1911 c 156 s 8; 1971 c 25 s 44; 1971 c 74 s 9; 
 1Sp1981 c 4 art 1 s 98; 1986 c 444; 1987 c 348 s 34; 1991 c 198 
 s 6 

     239.091 Method of sale. 

    The method of sale for a commodity must provide an accurate 
 and adequate quantity of information that will allow the buyer 
 to make price and quantity comparisons.  The department may 
 adopt rules to administer this section. 

    HIST: 1991 c 198 s 7 

     239.092 Sale from bulk. 

    (a) Bulk sales of commodities, when the buyer and seller 
 are not both present to witness the measurement, must be 
 accompanied by a delivery ticket containing the following 
 information: 

    (1) the name and address of the person who weighed or 
 measured the commodity; 

    (2) the date delivered; 

    (3) the quantity delivered; 

    (4) the count of individually wrapped packages delivered, 
 if more than one is included in the quantity delivered; 

    (5) the quantity on which the price is based, if different 
 than the quantity delivered; and 

    (6) the identity of the commodity in the most descriptive 
 terms commercially practicable, including representations of 
 quality made in connection with the sale. 

    (b) This section is not intended to conflict with the bulk 
 sale requirements of the Department of Agriculture.  If a 
 conflict occurs, the law and rules of the department of 
 agriculture govern. 

    HIST: 1991 c 198 s 8 

     239.093 Information required with package. 

    (a) A package offered, exposed, or held for sale must bear 
 a clear and conspicuous declaration of: 

    (1) the identity of the commodity in the package, unless 
 the commodity can be easily identified through the wrapper or 
 container; 

    (2) the net quantity in terms of weight, measure, or count; 

    (3) the name and address of the manufacturer, packer, or 
 distributor, if the packages were not produced on the premises 
 where they are offered, exposed, or held for sale; and 

    (4) the unit price, if the packages are part of a lot 
 containing random weight packages of the same commodity. 

    (b) This section is not intended to conflict with the 
 packaging requirements of the Department of Agriculture.  If a 
 conflict occurs, the laws and rules of the Department of 
 Agriculture govern.  

    HIST: 1991 c 198 s 9 

     239.094 Packaged commodity; advertising for sale. 

    When a packaged commodity is advertised with its retail 
 price, the quantity declaration that appears on the package must 
 also appear in the advertisement.  

    HIST: 1991 c 198 s 10 

     239.10 Annual inspection. 

    Subdivision 1.    Light capacity scales; retail 
 establishments.  The director shall inspect light capacity 
 scales in retail establishments such as grocery stores, other 
 retail food establishments, or hardware stores, not more often 
 than once every 36 months except when (1) the owner requests an 
 inspection, (2) when the scale is inspected as part of an 
 investigation, or (3) when the scale has been repaired. 

    Subd. 2.    Packaged food commodities.  The director 
 shall inspect packaged food commodities in grocery stores and 
 other retail food establishments not more often than once every 
 36 months except when (1) the owner requests an inspection or (2)
 when packages are inspected as part of an investigation. 

    Subd. 3.    Other weights and measures.  The director 
 shall inspect all weights and measures, except those specified 
 in subdivisions 1 and 2, annually, or as often as deemed 
 possible within budget and staff limitations. 

    HIST: (5282) 1911 c 156 s 11; 1915 c 281 s 1; 1969 c 399 s 1; 
 1969 c 1031 s 11; 1971 c 25 s 44,67; 1971 c 74 s 10; 1977 c 364 
 s 15; 1981 c 357 s 76; 1983 c 301 s 175; 1984 c 654 art 3 s 79; 
 1987 c 268 art 14 s 1; 1993 c 369 s 71; 1Sp2001 c 4 art 6 s 71 

     239.101 Inspection fees. 

    Subdivision 1.    Fee setting and cost recovery.  The 
 department shall recover the amount appropriated to the weights 
 and measures program through revenue from two separate fee 
 systems under subdivisions 2 and 3, and according to the 
 fee-setting and cost-recovery requirements in subdivisions 4, 5, 
 and 6.  

    Subd. 2.    Weights and measures fees.  The director 
 shall charge a fee to the owner for inspecting and testing 
 weights and measures, providing metrology services and 
 consultation, and providing petroleum quality assurance tests at 
 the request of a licensed distributor.  Money collected by the 
 director must be paid into the state treasury and credited to 
 the state general fund.  

    Subd. 3.    Petroleum inspection fee.  (a) An inspection 
 fee is imposed (1) on petroleum products when received by the 
 first licensed distributor, and (2) on petroleum products 
 received and held for sale or use by any person when the 
 petroleum products have not previously been received by a 
 licensed distributor.  The petroleum inspection fee is 85 cents 
 for every 1,000 gallons received.  The commissioner of revenue 
 shall collect the fee.  The revenue from the fee must first be 
 applied to cover the amounts appropriated for petroleum product 
 quality inspection expenses, for the inspection and testing of 
 petroleum product measuring equipment, and for petroleum supply 
 monitoring under chapter 216C.  

    (b) The commissioner of revenue shall credit a person for 
 inspection fees previously paid in error or for any material 
 exported or sold for export from the state upon filing of a 
 report as prescribed by the commissioner of revenue. 

    (c) The commissioner of revenue may collect the inspection 
 fee along with any taxes due under chapter 296A.  

    Subd. 4.    Reviewing weights and measures fees.  The 
 department shall review its schedule of inspection fees at the 
 end of each six months.  

    Subd. 5.    Setting petroleum inspection fee.  When the 
 department estimates that inspection costs will exceed the 
 revenue from the fee, the commissioner shall notify the 
 commissioner of finance.  The commissioner of finance shall then 
 request a fee increase from the legislature.  

    Subd. 6.    Cost-recovery requirements.  The cost of 
 inspection activities and services not specified in subdivisions 
 2 and 3, including related overhead costs, must be equitably 
 apportioned and recovered by the fees.  

    Subd. 7.    Temporary petroleum inspection cost recovery. 
  Until July 1, 2004, the cost of inspecting petroleum 
 measuring equipment must be considered one of the expenditures 
 that may be recovered under section 115C.08, subdivision 4, 
 notwithstanding any other provision of this section or section 
 115C.08. 

    HIST: 1993 c 369 s 72; 1996 c 305 art 3 s 29; 1998 c 299 s 30; 
 1999 c 250 art 3 s 25; 1Sp2001 c 5 art 13 s 4; 1Sp2003 c 19 art 
 1 s 8 

  239.11 Obsolete 

     239.12 Testing measuring equipment. 

    The department may inspect and test all meters, mechanical 
 devices, and measures of every kind, and tools, appliances, and 
 accessories connected therewith, used, employed, kept, sold, or 
 offered or exposed for sale within this state for the purpose of 
 measuring the amount, quantity or extent of electricity, gas, or 
 water furnished, sold, or distributed to the public by any 
 person, association, corporation, or municipality except cities 
 of the first class having meter inspection departments.  Upon 
 petition of at least ten consumers of electricity, gas, or water 
 within the territorial limits of any municipality and upon the 
 deposit with the clerk of such municipality by each of such 
 consumers of a fee of 25 cents for each such meter, mechanical 
 device, and measure installed or used upon the premises of each 
 such petitioning consumer, the governing body of such 
 municipality may request the department to make an inspection 
 and test of all such meters, mechanical devices, and measures 
 upon the premises of such petitioning consumers.  Thereupon the 
 department, within a reasonable time after the receipt by it of 
 such request, shall proceed to make an inspection and test of 
 all of such meters, mechanical devices, and measures upon the 
 premises of all such petitioning consumers and upon the premises 
 of all other consumers within such municipality who, at the time 
 of such inspection and test, shall have deposited with the clerk 
 of such municipality the fee of 25 cents for each such meter, 
 mechanical device, and measure upon the premises of such 
 consumers.  All such fees collected by the clerk of any such 
 municipality shall be remitted by such municipality to the 
 department within 30 days of the completion of such inspection 
 and test, and deposited to the credit of the general fund.  All 
 such meters, mechanical devices, and measures found, upon 
 inspection, to be correct and accurate, shall be sealed with 
 proper devices to be approved by the department.  The 
 department, or any of its employees, shall condemn, seize and 
 destroy all incorrect and inaccurate meters, mechanical devices, 
 and measures which, in the judgment of the department, cannot be 
 satisfactorily repaired; and such as are incorrect and 
 inaccurate and yet may be repaired shall be marked as "Condemned 
 for Repair," in the manner to be prescribed by the department.  
 The owner of such meters, mechanical devices, and measures which 
 have been so "Condemned for Repair" shall have the same repaired 
 and corrected within 30 days; and such meters, mechanical 
 devices, and measures shall not be disposed of without the 
 consent of the department.  In the general performance of its 
 duty, the department, or any of its employees, may enter or go 
 into or upon any premises, building, stand, or place at all 
 reasonable times. 

    HIST: (5285-1) 1927 c 291 s 1; 1931 c 98; 1971 c 25 s 67; 1977 
 c 364 s 16 

  239.13 Repealed, 1974 c 347 s 17 

  239.14 Repealed, 1974 c 347 s 17 

  239.15 Repealed, 1974 c 347 s 17 

  239.16 Repealed, 1974 c 347 s 17 

  239.17 Repealed, 1974 c 347 s 17 

  239.18 Repealed, 1974 c 347 s 17 

  239.19 Repealed, 1974 c 347 s 17 

  239.20 Repealed, 1977 c 364 s 20 

  239.21 Repealed, 1974 c 347 s 17 

  239.22 Repealed, 1949 c 549 s 7 

  239.225 Repealed, 1974 c 347 s 17 

VIOLATIONS, PENALTIES

     239.23 Offenses; misdemeanor. 

    Any person who shall offer or expose for sale, sell or use, 
 or possess a false scale, weight or measure, or weighing or 
 measuring device, or any weight or measure or weighing or 
 measuring device which has not been sealed as provided by 
 sections 239.01 to 239.10, or use the same in the buying or 
 selling of any commodity or thing; or who shall dispose of any 
 condemned weight, measure, or weighing or measuring device, or 
 remove any tag placed thereon by any authorized employee of the 
 division, or sell or offer or expose for sale less than the 
 quantity represented; or sell or offer or expose for sale any 
 such commodities in the manner contrary to law; or sell or offer 
 for sale or possess for the purpose of selling, any device or 
 instrument to be used to, or calculated to, falsify any weight 
 or measure, or refuse to pay any fee charged for testing and 
 sealing or condemning any scale, weight, or measure, or weighing 
 or measuring device, shall be guilty of a misdemeanor. 

    HIST: (5278) 1911 c 156 s 6; 1971 c 25 s 44; 1971 c 74 s 12; 
 1977 c 364 s 17; 1986 c 444 

     239.24 Hindering official; misdemeanor. 

    Any person hindering, impeding, or restricting in any way 
 any employee of the division while in the performance of 
 official duty shall be guilty of a misdemeanor. 

    HIST: (5279) 1911 c 156 s 7; 1971 c 25 s 44; 1971 c 74 s 13; 
 1977 c 364 s 18; 1986 c 444 

     239.25 Obstruction of inspection; misdemeanor.  

    Every person, association, or corporation that refuses to 
 allow entrance upon or into its premises, building, stand, or 
 place for the purpose of inspection as prescribed in section 
 239.12, or that shall use, employ, keep, sell, or offer or 
 expose for sale any such meters, mechanical devices, or measures 
 in violation of section 239.12 shall be guilty of a misdemeanor 
 and each violation thereof shall constitute a separate offense.  

    HIST: (5285-2) 1927 c 291 s 2; 1986 c 444 

  239.26 Repealed, 1974 c 347 s 17 

  239.27 Repealed, 1980 c 509 s 94 

STANDARD MEASURES, CONTAINERS

     239.28 Dry measure.  

    The standard measure of capacity for commodities sold by 
 dry measure shall be the bushel containing 2150.42 cubic 
 inches.  The half bushel, peck, half peck, quarter peck, quart, 
 and pint shall be derived by successively dividing that measure 
 by two.  

    HIST: (7021) RL s 2724; 1913 c 560 s 1 

     239.29 Liquid measure.  

    The standard measure of capacity for liquids shall be the 
 wine gallon, containing 231 cubic inches; and 31.50 gallons 
 shall constitute a barrel, except for fermented malt liquors 
 which shall be a barrel of 31 gallons, and 63 gallons a hogshead.

    HIST: (7022) RL s 2725; 1913 c 560 s 2 

     239.30 Lineal measure.  

    The standard measure of length, from which all other 
 measures of extension, lineal, superficial, or solid, shall be 
 derived, is the yard, of three feet, or 36 inches.  

    HIST: (7023) RL s 2726; 1913 c 560 s 2 

     239.31 Hundredweight.  

    In contracts for the sale of goods or commodities, the term 
 "hundredweight" shall mean 100 pounds avoirdupois.  

    HIST: (7024) RL s 2727; 1913 c 560 s 3 

     239.32 Standard weight of bushel.  

    In contracts for the sale of any of the following articles, 
 the term "bushel" shall mean the number of pounds avoirdupois 
 herein stated:  corn, in ear, 70; beans (except lima beans, 
 scarlet runner pole beans, white runner pole beans and broad 
 windsor beans), smooth peas, wheat, clover seed, Irish potatoes 
 and alfalfa, 60; broom corn seed and sorghum seed, 57; shelled 
 corn (except sweet corn), rye, lima beans, flaxseed and wrinkled 
 peas, 56; sweet potatoes and turnips, 55; onions and rutabagas, 
 52; buckwheat, hempseed, rapeseed, beets, green apples, walnuts, 
 rhubarb, hickory nuts, chestnuts, tomatoes, scarlet runner pole 
 beans and white runner pole beans, 50; barley, millet, Hungarian 
 grass seed, sweet corn, cucumbers and peaches, 48; broad windsor 
 beans, 47; carrots, timothy seed and pears, 45; parsnips, 42; 
 spelt or spilts, 40; cranberries, 36; oats and bottom 
 onion-sets, 32; dried apples, dried peaches and top onion-sets, 
 28; peanuts, 22; blue grass, orchard grass and redtop seed, 14; 
 plastering hair, unwashed, 8; plastering hair, washed, 4; lime, 
 80; but if sold by the barrel the weight shall be 200 pounds.  
 In contracts for the sale of green apples, the term "bushel" 
 shall mean 2150.42 cubic inches.  

    HIST: (7025) RL s 2728; 1913 c 560 s 4; 1935 c 270 

     239.33 Standard measurements of wood. 

    In all contracts for sale of wood the term "cord" shall 
 mean 128 cubic feet of wood, in four-foot lengths; and if the 
 sale is of "sawed wood," a cord shall mean 110 cubic feet when 
 ranked, or 160 cubic feet when thrown irregularly or loosely 
 into a conveyance for delivery to the purchaser; and if the sale 
 is of "sawed and split wood," a cord shall mean 120 cubic feet, 
 when ranked, and 175 cubic feet when thrown irregularly and 
 loosely into a conveyance for delivery.  If a measurement is 
 made by weight, the term "cord" or any other term used to 
 describe freshly cut green aspen in 100-inch or pole lengths 
 containing 133-1/3 cubic feet of loosely or irregularly piled 
 wood for transportation constitutes 4,300 pounds during the 
 period of May 1 through October 31 and 4,500 pounds during the 
 period of November 1 through April 30.  Specified weights are 
 based on 74 cubic feet of solid wood content per cord. 

    In all contracts for sale of wood, the term "board foot" 
 means 144 cubic inches of wood measured in any combination of 
 length, thickness, and width.  If a measurement or scale is made 
 of logs, Scribner's decimal C rule is the standard rule for 
 determining board feet log scale.  When measuring or scaling 
 logs, each log must be scaled individually by the largest number 
 of even feet in its length above eight and under 24 feet.  All 
 logs of 24 feet or more in length must be scaled as two or more 
 logs.  This section does not apply to finished lumber measured 
 in nominal dimensions. 

    HIST: (7026) 1913 c 560 s 5; 1985 c 260 s 1; 2000 c 301 s 1 

     239.34 Standard weight of coal and charcoal.  

    In all contracts for the sale of coal, charcoal, and ice, 
 the term "ton" shall mean 2,000 pounds.  A sale of coal and 
 charcoal, except by weight, is hereby prohibited.  

    HIST: (7027) 1913 c 560 s 6; 1973 c 89 s 1 

     239.35 Standard weight of flour.  

    In all contracts for the sale of flour, the term "barrel" 
 shall mean 196 net pounds avoirdupois.  

    HIST: (7028) 1913 c 560 s 7 

     239.36 Fractional parts.  

    All contracts for the sale of a fractional part of a 
 bushel, barrel, ton, or cord of any article or commodity on 
 which the legal weight or measurement per bushel, barrel, ton, 
 or cord has been established, shall require and mean a like 
 fractional part of the legal and established weight or 
 measurement per bushel, barrel, ton, or cord.  

    HIST: (7029) 1913 c 560 s 8 

  239.37 Repealed, 1991 c 198 s 12 

     239.38 Sealing; misdemeanor.  

    Every person who shall buy, sell, or dispose of any goods 
 or commodities by an unsealed weight, measure, or scale kept by 
 the person, or shall knowingly use any such weight, measure, or 
 scale which has been sealed, but is incorrect, shall be guilty 
 of a misdemeanor; but no contract of sale shall thereby be 
 rendered void.  

    HIST: (7032) RL s 2729; 1975 c 313 s 23; 1986 c 444 

  239.39 Repealed, 1975 c 313 s 24 

  239.40 Repealed, 1975 c 313 s 24 

  239.41 Repealed, 1975 c 313 s 24 

  239.42 Repealed, 1975 c 313 s 24 

  239.43 Repealed, 1975 c 313 s 24 

     239.44 Misdemeanor violation. 

    Whoever in buying shall take any greater number of pounds 
 or cubic feet to the bushel, barrel, ton, or cord, as the case 
 may be, than is allowed and provided in sections 239.28 to 
 239.36, or in selling, shall give any less number, shall be 
 guilty of a misdemeanor. 

    HIST: (7030) 1913 c 560 s 9; 1977 c 364 s 19; 1991 c 198 s 11 

  239.45 Repealed, 1976 c 239 s 75 

     239.46 Fines credited to school funds. 

    All fines collected under the provisions of sections 239.28 
 to 239.38 shall be paid to the county treasurer for the benefit 
 of the school fund of the county where the action is brought. 

    HIST: (7035) RL s 2732; 1976 c 239 s 76 

     239.51 Standard weights of certain containers.  

    Subdivision 1.    Standard weights; exceptions.  (a) It 
 shall be unlawful for any person, partnership, corporation, 
 company, cooperative society, or organization to pack for sale, 
 sell, offer or expose for sale in this state any of the 
 following commodities except in containers of net avoirdupois 
 weights of 3, 5, 10, 25, 50, and 100 pounds, and multiples of 
 100 pounds:  wheat flour, self-rising wheat flour, phosphated 
 wheat flour, bromated flour, enriched flour, enriched 
 self-rising flour, enriched bromated flour, corn flour, corn 
 meals, hominy, and hominy grits.  

    (b) The provisions of this section shall not apply to: 

    (1) the retailing of flours, meals, hominy, and hominy 
 grits direct to the consumer from bulk stock; 

    (2) the sale of flours and meals to commercial bakers or 
 blenders in containers of more than 100 pounds or for export; 

    (3) flours, meals, hominy, and hominy grits packed in 
 containers the net contents of which are less than three pounds; 

    (4) the exchange of wheat for flour by mills grinding for 
 toll.  

    Subd. 2.    Misdemeanor.  Any violation of this section 
 constitutes a misdemeanor.  

    HIST: 1945 c 295 

     239.511 Containers for small fruits.  

    Subdivision 1.    Legal size.  It shall be unlawful for 
 any person to sell, offer for sale, or give away, any containers 
 for the distribution of berries or small fruits in less 
 quantities than one bushel, unless the containers are of the 
 capacity of one quart, one pint, or one-half pint, or multiples 
 of a quart standard dry measure, and all sales of raspberries, 
 blackberries, blueberries, currants, gooseberries, strawberries, 
 and similar berries, and all plums, cherries, and similar small 
 fruit, in less quantities than one bushel shall be by dry 
 measure, or in containers as above specified.  The possession of 
 containers for berries or small fruit shall be presumptive 
 evidence that they were to be used for distribution.  This 
 subdivision shall not require containers as above specified when 
 such berries and small fruits are picked by the consumer on the 
 grower's property.  

    Subd. 2.    Refilling.  In no case shall such 
 containers be refilled for use in the sale of berries or small 
 fruits of any kind whatsoever.  

    Subd. 3.    Misdemeanor.  Any person violating the 
 provisions of subdivisions 1 and 2 shall be guilty of a 
 misdemeanor and punished by a penalty of not less than $10 nor 
 more than $100 or by imprisonment in the county jail for not 
 less than ten nor more than 90 days.  

    HIST: (10402, 10403, 10404) 1913 c 66 s 1-3; 1971 c 137 s 1 

  239.52 Repealed, 1993 c 369 s 146 

  239.521 Repealed, 1981 c 357 s 115 

     239.53 Using false weight or measure.  

    Every person who shall injure or defraud another by using, 
 with knowledge that the same is false, a false weight, measure, 
 or other apparatus for determining the quantity of any commodity 
 or article of merchandise, or by knowingly delivering less than 
 the quantity represented; or who shall retain any weight or 
 measure, knowing it to be false, unless it appears beyond a 
 reasonable doubt that it was so retained without intent to use 
 it, or permit it to be used in violation of the foregoing 
 provisions of this section; or who shall knowingly mark or stamp 
 false or short weights or false tare on any cask or package, or 
 knowingly sell or offer for sale any cask or package so marked, 
 shall be guilty of a misdemeanor. 

    HIST: (10401) RL s 5115; 1986 c 444 

AMMONIA, MOTOR OIL, BATTERIES

     239.531 Anhydrous ammonia. 

    Anhydrous ammonia may be sold at the retail level to any 
 buyer using a temperature correctable liquid meter. 

    HIST: 1988 c 448 s 1; 1991 c 198 s 11 

     239.54 Inspection of motor oil and automotive battery 
  retailers. 

    The division shall produce, print, and distribute the 
 notices required by sections 325E.11 and 325E.115 and shall 
 inspect all places where motor oil and motor oil filters are 
 offered for sale by persons subject to section 325E.11 and where 
 lead acid batteries are offered for sale at retail subject to 
 section 325E.115 at least once every two years to determine 
 compliance with those sections.  In performing its duties under 
 this section the division may inspect any place, building, or 
 premises governed by sections 325E.11 and 325E.115.  Authorized 
 employees of the division may issue warnings and citations to 
 persons who fail to comply with the requirements of those 
 sections. 

    HIST: 1987 c 348 s 36; 1995 c 220 s 115 

PETROLEUM PRODUCTS

     239.75 Inspection of petroleum products. 

    Subdivision 1.    Inspection to be made.  The director 
 shall: 

    (1) take samples, free of charge, of petroleum products 
 wherever processed, blended, held, stored, imported, 
 transferred, offered for sale or use, or sold in Minnesota, 
 limiting each sample to: 

    (i) two-tenths of one gallon, except when an octane test is 
 planned; or 

    (ii) seven-tenths of one gallon for an octane test; 

    (2) inspect and test petroleum product samples according to 
 the methods of ASTM or other valid test methods adopted by rule, 
 to determine whether the products comply with the specifications 
 in section 239.761; 

    (3) inspect petroleum product storage tanks to ensure that 
 the products are free from water and impurities; 

    (4) inspect and test samples submitted to the department by 
 a licensed distributor, making the test results available to the 
 distributor; 

    (5) inspect the labeling, price posting, and price 
 advertising of petroleum product dispensers and advertising 
 signs at businesses or locations where petroleum products are 
 sold, offered for sale or use, or dispensed into motor vehicles; 

    (6) maintain records of all inspections and tests according 
 to the records retention policies of the Department of 
 Administration; 

    (7) delegate to division personnel, at the director's 
 discretion, any or all of the responsibilities, duties, and 
 powers in sections 239.75 to 239.80; 

    (8) publish octane test data and information to assist 
 persons who produce and sell gasoline and gasoline-oxygenate 
 blends; 

    (9) register gasoline-oxygenate blenders according to the 
 requirements of the EPA; 

    (10) audit the records of any person responsible for the 
 product to determine compliance with sections 239.75 to 239.792; 

    (11) after consulting with the commissioner of the 
 Pollution Control Agency, grant a temporary exemption from the 
 oxygenated gasoline requirements in section 239.791 if the 
 supply of oxygenate is insufficient to produce 
 gasoline-oxygenate blends during an EPA-designated carbon 
 monoxide control period; and 

    (12) adopt, as an enforcement policy for the division, 
 reasonable margins of uncertainty for the tests used to 
 determine compliance with the specifications in section 239.761, 
 the oxygen percentages in section 239.791, and the octane 
 requirements in section 239.792 and apply the margins of 
 uncertainty to only tests performed by the division, not by 
 adding the margins to uncertainties in tests performed by any 
 person responsible for the product. 

    Subd. 2.    Petroleum sample; when not meeting 
 specifications.  When a sample does not comply with the 
 specifications in section 239.761, the director shall reject the 
 noncomplying product from which the sample was taken and employ 
 any or all of the following actions to prohibit sale of the 
 noncomplying product: 

    (1) issue a stop sale order to a person responsible for the 
 product; 

    (2) reject and mark as rejected the pumps, meters, or other 
 dispensers from which the noncomplying product was obtained; 

    (3) seal and mark as sealed the storage tanks from which 
 the noncomplying product was obtained; 

    (4) issue a citation; 

    (5) request that a city or county attorney draft a 
 misdemeanor complaint; 

    (6) when a product fails to comply with the specifications 
 and when use of the product does not endanger the public health 
 or safety or adversely affect the emissions characteristics of 
 the equipment in which it is used, advise the person responsible 
 for the product that the product must be blended with another 
 product to bring it into compliance. 

    Subd. 3. Repealed, 1992 c 575 s 54 

    Subd. 4. Repealed, 1992 c 575 s 54 

    Subd. 5.    Product quality, responsibility.  After a 
 gasoline product is purchased, transferred, or otherwise removed 
 from a refinery or terminal, the person responsible for the 
 product shall: 

    (1) keep the product free from contamination with water and 
 impurities; 

    (2) not blend the product with dissimilar petroleum 
 products, for example, gasoline must not be blended with diesel 
 fuel; 

    (3) not blend the product with any contaminant, dye, 
 chemical, or additive, except: 

    (i) agriculturally derived, denatured ethanol that complies 
 with the specifications in this chapter; 

    (ii) an antiknock additive, or an additive designed to 
 replace tetra-ethyl lead, that is registered by the EPA; or 

    (iii) a dye to distinguish heating fuel from low sulfur 
 diesel fuel; and 

    (4) maintain a record of the name or chemical composition 
 of the additive, with the product shipping manifest or bill of 
 lading for one year after the date of the manifest or bill. 

    Subd. 6.    Rejected product, responsibility.  When a 
 product is rejected, the person responsible for the product 
 shall blend or remove the product according to the director's 
 instructions.  If the rejected product is blended with another 
 product to bring it into compliance, the person responsible for 
 the product shall provide testing and documentation, in a manner 
 approved by the director, to prove to the director that the 
 blended product will comply with the specifications in section 
 239.761.  If the rejected product is removed, the person 
 responsible for the product shall provide documentation to prove 
 to the director that the rejected product has been removed and 
 replaced with a product that complies with the specifications in 
 section 239.761. 

    HIST: 1987 c 268 art 14 s 2; 1992 c 575 s 23 

     239.751 Petroleum dispenser, price, label, and sign. 

    Subdivision 1.    Dispenser requirements, automatic price 
 computation.  A retail petroleum dispenser that automatically 
 computes the total price of each sale must have a unit price 
 indicator on the face of the computer mechanism that clearly 
 displays the price per gallon or price per liter, including all 
 taxes.  The unit price indicator must not be covered or obscured 
 in any manner. 

    Subd. 2.    Dispenser requirements, manual price 
 computation.  A retail petroleum dispenser that does not 
 automatically compute the total price of each sale must have a 
 sign stating the price per gallon or price per liter, including 
 all taxes.  The sign must be white with black letters and 
 figures.  The letters and figures must be at least one inch 
 high.  The sign must be clearly and conspicuously posted on all 
 dispenser faces, as close as possible to the total quantity 
 indicator.  Examples of acceptable unit price signs include: 
 "$1.20/gallon," or "$0.32/liter." 

    Subd. 3.    Price advertising sign; gasoline, diesel fuel. 
  A sign or device designed to advertise the price of gasoline 
 or diesel fuel, that is posted within view of any public 
 highway, road, or street, or on or near premises where gasoline 
 is sold at retail, must meet the following requirements: 

    (a) The price per gallon, or price per liter, including all 
 taxes and fees to be collected in connection with the sale, must 
 be clearly stated in figures of uniform size and prominence. 

    (b) If the advertised price per gallon, or price per liter, 
 is subject to any conditions or restrictions, the conditions or 
 restrictions must be clearly posted on the sign.  For example, 
 if a customer must pay cash to obtain the advertised price, the 
 sign must clearly state "cash," "cash price," or "cash discount 
 price." 

    Subd. 4.    Use of term "premium."  The term "premium" 
 may be used only to advertise, or to identify a dispenser used 
 to dispense, gasoline with an octane rating of 91 or greater. 

    Subd. 5.    Multiple price structure, signs.  A person 
 shall post signs on the dispensers, on the dispenser island, or 
 on the canopy over the dispensers, that clearly state the 
 conditions for obtaining the price offered on the dispensers, if 
 the person: 

    (1) sells or offers to sell gasoline or diesel fuel at 
 retail; 

    (2) has more than one dispenser for a specific grade of 
 product; and 

    (3) sets different dispensers to compute a total sale at 
 different prices for the same product. 

 For example, signs must be posted to direct customers to 
 separate dispensers for full service or self-service prices. 

    Subd. 6.    Nonconforming dispenser, sign, display, or 
 label.  When a dispenser, sign, display, or label does not 
 comply with the requirements in this section, the director shall 
 reject the noncomplying dispenser or other equipment and employ 
 any or all of the following actions to prohibit use of the 
 noncomplying dispenser or other equipment: 

    (1) reject and mark as rejected the pumps, meters, or other 
 dispensers that do not comply, or are used in conjunction with 
 advertising signs or price displays that do not comply; 

    (2) issue a written warning to the owner, operator, 
 manager, or attendant of the business or property where the 
 dispenser or sign is located; 

    (3) issue a citation to the owner, operator, manager, or 
 attendant of the business or property where a dispenser or sign 
 is located; 

    (4) request that a city or county attorney draft a 
 misdemeanor complaint. 

    Subd. 7.    Dispenser and other equipment; responsibility. 
  A person responsible for the product must meet all of the 
 requirements in this section.  When a dispenser or other 
 equipment is rejected for failure to comply with this section, a 
 person responsible for the product is required to correct the 
 dispenser, price display violation, or price advertising 
 violation. 

    HIST: 1992 c 575 s 24 

     239.752 Storage tank marking; retail location. 

    Subdivision 1.    Identification tag required.  A person 
 responsible for the product shall securely affix a metal 
 identification tag on the fill pipe of a petroleum product 
 storage tank at a business where petroleum products are sold, 
 offered for sale, or dispensed at retail into the storage tanks 
 of motor vehicles.  A bulk storage facility operator shall 
 securely affix a metal identification tag on the fill pipe of 
 each storage tank at the distributor's bulk storage facility.  
 The identification tag must be constructed and printed according 
 to subdivision 2 and installed according to subdivision 3.  The 
 identification tag must be printed with the appropriate product 
 identification according to subdivision 4, 5, or 6.  This 
 section does not apply to storage tanks at petroleum refineries 
 or terminals. 

    Subd. 2.    Identification tag; construction, printing.  
 The identification tag required in subdivision 1 must be 
 constructed of one 3-1/2 inch by 3-1/2 inch piece of aluminum or 
 stainless steel.  All surfaces of the tag must be coated with a 
 permanent enamel paint or powder coating.  The coating must be 
 light blue for gasoline and alcohol products and dark green for 
 petroleum distillate products.  Lettering must be at least 
 three-eighths of one inch high, and printed on the tag with 
 permanent enamel paint or powder coating.  Lettering must be 
 black for gasoline and alcohol products and white for petroleum 
 distillate products. 

    Subd. 3.    Identification tag; installation.  The 
 identification tag required in subdivision 1 must be securely 
 affixed to a fill pipe by means of an adjustable steel band 
 clamp.  The display surface of the tag must be positioned so 
 that the product information can be easily read by a person 
 filling the storage tank. 

    Subd. 4.    Product identification; gasoline, oxygenated 
 gasoline.  (a) An identification tag placed on a storage tank 
 containing gasoline or oxygenated gasoline must be marked with 
 the word "GASOLINE" and with the correct octane number and the 
 appropriate product name of the fuel stored in the tank.  

    (b) The product name must be selected from the following: 

    (1) "REGULAR" for oxygenated gasoline of less than 88 
 octane; 

    (2) "MID-GRADE" for oxygenated gasoline of at least 88 
 octane, but less than 91 octane; 

    (3) "PREMIUM" for oxygenated gasoline of at least 91 
 octane; 

    (4) "NON-OXY PREM" for nonoxygenated gasoline of at least 
 91 octane; 

    (5) "AVIATION" for gasoline used solely as a fuel for 
 aircraft; 

    (6) "RACING" for a special racing gasoline intended to be 
 sold for use in off-road motor vehicles; or 

    (7) "SPECIAL" for gasoline blended with mineral oil or 
 other additives and intended to be sold for use in boats, 
 chainsaws, snowmobiles, or off-road equipment. 

    Subd. 5.    Product identification; alcohol, alcohol-based 
 motor fuel.  (a) An identification tag placed on a storage 
 tank containing unblended alcohol or a predominantly 
 alcohol-based motor fuel must be marked with the word "ALCOHOL" 
 and with the appropriate product name of the fuel stored in the 
 tank.  

    (b) The product name must be selected from the following: 

    (1) "ETHANOL" for denatured ethanol, as defined in section 
 296A.01; 

    (2) "METHANOL" for methanol; 

    (3) "E-85" for an ethanol-gasoline blend, as defined in 
 section 296A.01; or 

    (4) "M-85" for a methanol-gasoline blend, as defined in 
 section 296A.01. 

    Subd. 6.    Product information; petroleum distillates.  
 Storage tanks containing diesel fuel, heating fuel, kerosene, or 
 other petroleum distillate must be marked with the word 
 "DISTILLATE" and with the correct product grade and appropriate 
 tax status selected from the following: 

    (1) "#1 DIESEL" "UNDYED" for #1 diesel fuel for which the 
 motor fuel excise tax has been paid; 

    (2) "#1" "DYED" for #1 heating fuel or #1 diesel fuel 
 intended to be sold for use in off-road vehicles and equipment; 

    (3) "#2 DIESEL" "UNDYED" for #2 diesel fuel for which the 
 motor fuel excise tax has been paid; 

    (4) "#2" "DYED" for #2 heating fuel or #2 diesel fuel 
 intended to be sold for use in off-road vehicles and equipment; 

    (5) "DIESEL" "PREMIUM" "UNDYED" for premium diesel fuel for 
 which the motor fuel excise tax has been paid; 

    (6) "DIESEL" "PREMIUM" "DYED" for premium diesel fuel 
 intended to be sold off-road; 

    (7) "KEROSENE" "UNDYED" for kerosene for which the federal 
 motor fuel excise tax has been paid; 

    (8) "KEROSENE" "DYED" for kerosene intended to be sold for 
 use in off-road vehicles, heating equipment, and other off-road 
 equipment; or 

    (9) "JET/TURBINE" for jet fuel or turbine fuel. 

    HIST: 1992 c 575 s 25; 1999 c 203 s 7 

     239.753 Entry upon premises and access to records. 

    (a) The director, or a delegated employee of the 
 department, may enter the premises of a person who processes, 
 holds, stores, imports, transfers, offers for sale or use, or 
 sells petroleum products in Minnesota to: 

    (1) inspect the product in storage tanks and take samples 
 from the storage tanks and dispensing equipment connected to the 
 storage tanks; 

    (2) inspect petroleum product dispensers and related signs 
 and equipment, advertising signs, price displays, oxygenate 
 labels, and octane labels; and 

    (3) audit and make copies of petroleum product shipping, 
 receiving, and invoice documents and records to determine 
 compliance with sections 239.75 to 239.792. 

    (b) The director shall limit inspection to information and 
 data relating to product quantity, quality, oxygen content, and 
 octane.  The director shall maintain the confidentiality of 
 certain records as required by section 239.791. 

    HIST: 1992 c 575 s 26 

  239.76 Repealed, 1992 c 575 s 54 

     239.761 Petroleum product specifications. 

    Subdivision 1.    Applicability.  A person responsible 
 for the product must meet the specifications in this section.  
 The specifications apply to petroleum products processed, held, 
 stored, imported, transferred, distributed, offered for 
 distribution, offered for sale or use, or sold in Minnesota. 

    Subd. 2.    Coordination with Departments of Revenue and 
 Agriculture.  The petroleum product specifications in this 
 section are intended to match the definitions and specifications 
 in sections 41A.09 and 296A.01.  Petroleum products named in 
 this section are defined in section 296A.01. 

    Subd. 3.    Gasoline.  (a) Gasoline that is not blended 
 with ethanol must not be contaminated with water or other 
 impurities and must comply with ASTM specification D4814-01.  
 Gasoline that is not blended with ethanol must also comply with 
 the volatility requirements in Code of Federal Regulations, 
 title 40, part 80.  

    (b) After gasoline is sold, transferred, or otherwise 
 removed from a refinery or terminal, a person responsible for 
 the product: 

    (1) may blend the gasoline with agriculturally derived 
 ethanol as provided in subdivision 4; 

    (2) shall not blend the gasoline with any oxygenate other 
 than denatured, agriculturally derived ethanol; 

    (3) shall not blend the gasoline with other petroleum 
 products that are not gasoline or denatured, agriculturally 
 derived ethanol; 

    (4) shall not blend the gasoline with products commonly and 
 commercially known as casinghead gasoline, absorption gasoline, 
 condensation gasoline, drip gasoline, or natural gasoline; and 

    (5) may blend the gasoline with a detergent additive, an 
 antiknock additive, or an additive designed to replace 
 tetra-ethyl lead, that is registered by the EPA. 

    Subd. 4.    Gasoline blended with ethanol.  (a) Gasoline 
 may be blended with up to ten percent, by volume, agriculturally 
 derived, denatured ethanol that complies with the requirements 
 of subdivision 5.  

    (b) A gasoline-ethanol blend must: 

    (1) comply with the volatility requirements in Code of 
 Federal Regulations, title 40, part 80; 

    (2) comply with ASTM specification D4814-01, or the 
 gasoline base stock from which a gasoline-ethanol blend was 
 produced must comply with ASTM specification D4814-01; and 

    (3) not be blended with casinghead gasoline, absorption 
 gasoline, condensation gasoline, drip gasoline, or natural 
 gasoline after the gasoline-ethanol blend has been sold, 
 transferred, or otherwise removed from a refinery or terminal. 

    Subd. 5.    Denatured ethanol.  Denatured ethanol that 
 is to be blended with gasoline must be agriculturally derived 
 and must comply with ASTM specification D4806-01.  This includes 
 the requirement that ethanol may be denatured only as specified 
 in Code of Federal Regulations, title 27, parts 20 and 21. 

    Subd. 6.    Gasoline blended with nonethanol oxygenate.  
 (a) A person responsible for the product shall comply with the 
 following requirements: 

    (1) after July 1, 2000, gasoline containing in excess of 
 one-third of one percent, in total, of nonethanol oxygenates 
 listed in paragraph (b) must not be sold or offered for sale at 
 any time in this state; and 

    (2) after July 1, 2005, gasoline containing any of the 
 nonethanol oxygenates listed in paragraph (b) must not be sold 
 or offered for sale in this state. 

    (b) The oxygenates prohibited under paragraph (a) are: 

    (1) methyl tertiary butyl ether, as defined in section 
 296A.01, subdivision 34; 

    (2) ethyl tertiary butyl ether, as defined in section 
 296A.01, subdivision 18; or 

    (3) tertiary amyl methyl ether. 

    (c) Gasoline that is blended with a nonethanol oxygenate 
 must comply with ASTM specification D4814-01.  Nonethanol 
 oxygenates must not be blended into gasoline after the gasoline 
 has been sold, transferred, or otherwise removed from a refinery 
 or terminal. 

    Subd. 7.    Heating fuel oil.  Heating fuel oil must 
 comply with ASTM specification D396-01. 

    Subd. 8.    Diesel fuel oil.  Diesel fuel oil must 
 comply with ASTM specification D975-01a. 

    Subd. 9.    Kerosene.  Kerosene must comply with ASTM 
 specification D3699-01. 

    Subd. 10.    Aviation gasoline.  Aviation gasoline must 
 comply with ASTM specification D910-00. 

    Subd. 11.    Aviation turbine fuel, jet fuel.  Aviation 
 turbine fuel and jet fuel must comply with ASTM specification 
 D1655-01. 

    Subd. 12.    Gas turbine fuel oil.  Fuel oil for use in 
 nonaviation gas turbine engines must comply with ASTM 
 specification D2880-00. 

    Subd. 13.    E85.  A blend of ethanol and gasoline, 
 containing at least 60 percent ethanol and not more than 85 
 percent ethanol, produced for use as a motor fuel in alternative 
 fuel vehicles as defined in section 296A.01, subdivision 5, must 
 comply with ASTM specification D5798-99. 

    Subd. 14.    M85.  A blend of methanol and gasoline, 
 containing at least 85 percent methanol, produced for use as a 
 motor fuel in alternative fuel vehicles as defined in section 
 296A.01, subdivision 5, must comply with ASTM specification 
 D5797-96. 

    HIST: 1992 c 575 s 27; 1994 c 510 art 5 s 2; 1996 c 471 art 5 
 s 2; 1998 c 278 s 1; 1998 c 299 s 30; 1999 c 86 art 1 s 52,53; 
 2000 c 434 s 1; 1Sp2003 c 14 art 7 s 55-65 

     239.77 Biodiesel content mandate. 

    Subdivision 1.    Biodiesel fuel.  "Biodiesel fuel" 
 means a renewable, biodegradable, mono alkyl ester combustible 
 liquid fuel derived from agricultural plant oils or animal fats 
 and that meets American Society For Testing and Materials 
 Specification D6751-02 for Biodiesel Fuel (B100) Blend Stock for 
 Distillate Fuels. 

    Subd. 2.    Minimum content; effective date.  (a) Except 
 as otherwise provided in this section, all diesel fuel sold or 
 offered for sale in Minnesota for use in internal combustion 
 engines must contain at least 2.0 percent biodiesel fuel oil by 
 volume. 

    (b) The mandate in paragraph (a) is effective on and after 
 the date that the conditions in clauses (1) and (2), or in 
 clauses (1) and (3), have been met: 

    (1) thirty or more days have passed since the commissioner 
 of agriculture publishes notice in the State Register that 
 annual capacity in Minnesota for the production of biodiesel 
 fuel oil exceeds 8,000,000 gallons; 

    (2) eighteen months have passed since the commissioner of 
 agriculture publishes notice in the State Register that a 
 federal action on taxes imposed, tax credits, or otherwise, 
 creates a reduction in the price of two cents or more per gallon 
 on taxable fuel that contains at least two percent biodiesel 
 fuel oil and is sold in this state; 

    (3) the date June 30, 2005, has passed. 

    Subd. 3.    Exceptions.  (a) The minimum content 
 requirement of subdivision 2 does not apply to fuel used in the 
 following equipment: 

    (1) motors located at an electric generating plant 
 regulated by the Nuclear Regulatory Commission; 

    (2) railroad locomotives; and 

    (3) off-road taconite and copper mining equipment and 
 machinery. 

    (b) The exemption in paragraph (a), clause (1), expires 30 
 days after the Nuclear Regulatory Commission has approved the 
 use of biodiesel fuel in motors at electric generating plants 
 under its regulation. 

    HIST: 2002 c 244 s 1 

     239.771 Distributor expense reimbursement. 

    Subdivision 1.    Eligibility.  A distributor that made 
 capital expenditures necessary to adapt or add equipment to 
 blend biodiesel fuel oil under the mandate in section 239.77 may 
 be eligible for partial reimbursement for those expenditures if 
 the mandate is repealed within eight years of the date the 
 mandate is effective. 

    Subd. 2.    Application; eligibility.  (a) A distributor 
 may apply to the commissioner of agriculture for a reimbursement 
 from money appropriated for this purpose on the following 
 schedule:  If the mandate is repealed within two years of its 
 effective date, the commissioner shall reimburse up to 80 
 percent of expenditures.  The total amount eligible to be 
 reimbursed must decline by ten percent each year after the 
 mandate is effective and must end at 20 percent in the eighth 
 year. 

    (b) The commissioner must require detailed proof of 
 expenditures made solely to comply with the mandate. 

    HIST: 2002 c 244 s 2 

  239.78 Repealed, 1993 c 369 s 146 

     239.785 Liquefied petroleum gas sale; account; penalties.

    Subdivision 1.    Liability for payment.  (a) The 
 operator of a terminal located in Minnesota from which liquefied 
 petroleum gas is dispensed for use or sale in this state other 
 than for delivery to another terminal shall pay a fee equal to 
 one mill for each gallon of liquefied petroleum gas dispensed. 

    (b) Any person in Minnesota, other than the operator of a 
 terminal, receiving liquefied petroleum gas from a source 
 outside of Minnesota for use or sale in this state shall pay a 
 fee equal to one mill for each gallon of liquefied petroleum gas 
 received.  

    Subd. 2.    Due date for filing return and payment.  The 
 fee must be remitted monthly on a form prescribed by the 
 commissioner of revenue for deposit in the liquefied petroleum 
 gas account established in subdivision 6.  The fee must be paid 
 and the return filed on or before the 23rd day of each month 
 following the month in which the liquefied petroleum gas was 
 delivered or received.  

    Subd. 3.    Penalties.  An operator or person who fails 
 to pay the fee imposed under this section is subject to the 
 penalties provided in sections 296A.22 and 296A.23.  

    Subd. 4.    Commissioner's authority.  The provisions of 
 chapter 296A relating to the commissioner's authority to audit, 
 assess, and collect the tax imposed by that chapter apply to the 
 fee imposed by this section.  

    Subd. 5.    Interest.  Fees and penalties are subject to 
 interest at the rate provided in section 270.75.  

    Subd. 6.    Liquefied petroleum gas account.  A 
 liquefied petroleum gas account in the special revenue fund is 
 established in the state treasury.  Fees and penalties collected 
 under this section must be deposited in the state treasury and 
 credited to the liquefied petroleum gas account.  Money in that 
 account, including interest earned, is appropriated to the 
 commissioner of education for programs to improve the energy 
 efficiency of residential liquefied petroleum gas heating 
 equipment in low-income households, and, when necessary, to 
 provide weatherization services to the homes. 

    HIST: 1992 c 597 s 12; 1993 c 375 art 9 s 14; 1994 c 483 s 1; 
 1994 c 632 art 4 s 60,61; 1998 c 273 s 12; 1998 c 299 s 30; 1998 
 c 350 s 5; 2003 c 130 s 12 

     239.79 Petroleum products; transaction requirements. 

    Subdivision 1. Repealed, 1992 c 575 s 54 

    Subd. 2. Repealed, 1992 c 575 s 54 

    Subd. 3.    Results of test supplied by shipper to 
 distributor.  Upon request from a distributor, a shipper of 
 petroleum products shall, at the time of shipment, supply a 
 distributor with the results of typical tests of the petroleum 
 product shipped to the distributor.  

    Subd. 4.    Sale of certain petroleum products on gross 
 volume basis.  A person responsible for the products listed in 
 this subdivision shall transfer, ship, distribute, offer for 
 distribution, sell, or offer to sell the products by volume.  
 Volumetric measurement of the product must not be temperature 
 compensated, or adjusted by any other factor.  This subdivision 
 applies to gasoline, number one and number two diesel fuel oils, 
 number one and number two heating fuel oils, kerosene, denatured 
 ethanol that is to be blended into gasoline, and an oxygenate 
 that is to be blended into gasoline.  This subdivision does not 
 apply to the measurement of petroleum products transferred, 
 sold, or traded between refineries, between refineries and 
 terminals, or between terminals.  

    HIST: 1987 c 268 art 14 s 5; 1989 c 350 art 18 s 1; 1992 c 575 
 s 28 

     239.791 Oxygenated gasoline. 

    Subdivision 1.    Minimum ethanol content required.  (a) 
 Except as provided in subdivisions 10 to 14, a person 
 responsible for the product shall ensure that all gasoline sold 
 or offered for sale in Minnesota must contain at least 10.0 
 percent denatured ethanol by volume. 

    (b) For purposes of enforcing the minimum ethanol 
 requirement of paragraph (a), a gasoline/ethanol blend will be 
 construed to be in compliance if the ethanol content, exclusive 
 of denaturants and permitted contaminants, comprises not less 
 than 9.2 percent by volume and not more than 10.0 percent by 
 volume of the blend as determined by an appropriate United 
 States Environmental Protection Agency or American Society of 
 Testing Materials standard method of analysis of alcohol/ether 
 content in motor fuels. 

    Subd. 2. Repealed, 1993 c 250 s 3 

    Subd. 3.    Blending restriction.  When gasoline 
 contains an oxygenate, a person responsible for the product 
 shall not blend the product with ethanol or with any other 
 oxygenate after it is transferred or otherwise removed from a 
 refinery or terminal. 

    Subd. 4. Repealed, 1995 c 220 s 141 

    Subd. 5. Repealed, 1995 c 220 s 141 

    Subd. 6. Repealed, 1995 c 220 s 141 

    Subd. 7.    Oxygenate records; state audit.  The 
 director shall audit the records of registered oxygenate 
 blenders to ensure that each blender has met all requirements in 
 this chapter.  Specific information or data relating to sales 
 figures or to processes or methods of production unique to the 
 blender or that would tend to adversely affect the competitive 
 position of the blender must be only for the confidential use of 
 the director, unless otherwise specifically authorized by the 
 registered blender. 

    Subd. 8.    Disclosure.  A refinery or terminal, shall 
 provide, at the time gasoline is sold or transferred from the 
 refinery or terminal, a bill of lading or shipping manifest to 
 the person who receives the gasoline.  For oxygenated gasoline, 
 the bill of lading or shipping manifest must include the 
 identity and the volume percentage or gallons of oxygenate 
 included in the gasoline, and it must state:  "This fuel 
 contains an oxygenate.  Do not blend this fuel with ethanol or 
 with any other oxygenate."  For nonoxygenated gasoline sold or 
 transferred before October 1, 1997, the bill or manifest must 
 state:  "This fuel must not be sold at retail in a carbon 
 monoxide control area."  For nonoxygenated gasoline sold or 
 transferred after September 30, 1997, the bill or manifest must 
 state:  "This fuel is not oxygenated.  It must not be sold at 
 retail in Minnesota."  This subdivision does not apply to sales 
 or transfers of gasoline between refineries, between terminals, 
 or between a refinery and a terminal. 

    Subd. 9. Repealed, 1995 c 220 s 141 

    Subd. 10.    Exemption for airport, marina, mooring 
 facility, and resort.  A person responsible for the product 
 may offer for sale, sell, or dispense at an airport, marina, 
 mooring facility, or resort, for use in airplanes or for 
 purposes listed under subdivision 12, paragraph (a), gasoline 
 that is not oxygenated in accordance with subdivision 1 if the 
 gasoline is unleaded premium grade as defined in section 
 239.751, subdivision 4. 

    Subd. 11.    Exemption for motor sports racing.  A 
 person responsible for the product may offer for sale, sell, or 
 dispense at a public or private racecourse, gasoline that is not 
 oxygenated in accordance with subdivision 1 if the gasoline is 
 intended to be used exclusively as a fuel for off-highway motor 
 sports racing events. 

    Subd. 12.    Exemption for collector vehicle and off-road 
 use.  (a) A person responsible for the product may offer for 
 sale, sell, or dispense at a retail gasoline station for use in 
 collector vehicles or vehicles eligible to be licensed as 
 collector vehicles, off-road vehicles, motorcycles, boats, 
 snowmobiles, or small engines, gasoline that is not oxygenated 
 in accordance with subdivision 1 if the person meets the 
 conditions in paragraphs (b) to (e).  If the nonoxygenated 
 gasoline is for use in a small engine, it must be dispensed into 
 a can with a capacity of six or fewer gallons. 

    (b) The nonoxygenated gasoline must be unleaded premium 
 grade as defined in section 239.751, subdivision 4. 

    (c) No more than one storage tank on the premises of the 
 retail gasoline station may be used for storage of the 
 nonoxygenated gasoline offered for sale, sold, or dispensed by 
 the station. 

    (d) The pump stands must be posted with a permanent notice 
 stating:  "NONOXYGENATED GASOLINE.  FOR USE IN COLLECTOR 
 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 
 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 
 SMALL ENGINES ONLY." 

    (e) For a retail gasoline station located in the county of 
 Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, 
 Washington, or Wright, a person responsible for the product must 
 annually register with the director, on forms provided by the 
 director, an intent to sell nonoxygenated gasoline during the 
 period of October 1 through January 31.  Such person must 
 register on or before August 1 of each year, and must report to 
 the director before April 1 of the following year the total 
 number of gallons of nonoxygenated premium grade gasoline sold 
 during the period of October 1 through January 31.  Data 
 submitted to the department under this paragraph shall be 
 considered nonpublic data as defined in section 13.02, 
 subdivision 13. 

    Subd. 13.    Exemption for certain riparian landowners.  
 (a) A person responsible for the product may offer for sale, 
 sell, and deliver directly to a bulk fuel storage tank gasoline 
 that is not oxygenated in accordance with subdivision 1 if the 
 conditions in paragraphs (b) to (e) are met. 

    (b) The nonoxygenated gasoline must be unleaded premium 
 grade as defined in section 239.751, subdivision 4. 

    (c) The bulk fuel storage tank must be stationary or 
 permanent. 

    (d) The bulk fuel storage tank must be under the control of 
 an owner of littoral or riparian property and located on that 
 littoral or riparian property. 

    (e) The nonoxygenated gasoline must be purchased for use in 
 vehicles that would qualify for an exemption under subdivision 
 12, paragraph (a). 

    Subd. 14.    Exemption for aircraft operator.  A person 
 responsible for the product may offer for sale, sell, and 
 deliver directly to a bulk fuel storage tank gasoline that is 
 not oxygenated in accordance with subdivision 1 for use in 
 aircraft if the nonoxygenated gasoline is unleaded premium grade 
 as defined in section 239.751, subdivision 4. 

    HIST: 1992 c 575 s 29; 1993 c 250 s 1; 1993 c 369 s 73,74; 
 1995 c 220 s 116; 1996 c 354 s 8-11; 1999 c 231 s 174-177; 2000 
 c 434 s 2; 2003 c 107 s 30 

     239.792 Gasoline octane. 

    Subdivision 1.    Disclosure.  A manufacturer, hauler, 
 blender, agent, jobber, consignment agent, importer, or 
 distributor who sells, delivers, or distributes gasoline or 
 gasoline-oxygenate blends, shall provide, at the time of 
 delivery, a bill of lading or shipping manifest to the person 
 who receives the gasoline.  The bill or manifest must state the 
 minimum octane of the gasoline delivered.  The stated octane 
 number must be the average of the "motor method" octane number 
 and the "research method" octane number as determined by the 
 test methods in ASTM specification D4814-01, or by a test method 
 adopted by department rule. 

    Subd. 2.    Dispenser labeling.  A person responsible 
 for the product shall clearly, conspicuously, and permanently 
 label each gasoline dispenser that is used to sell gasoline or 
 gasoline-oxygenate blends at retail or to dispense gasoline or 
 gasoline-oxygenate blends into the fuel supply tanks of motor 
 vehicles, with the minimum octane of the gasoline dispensed.  
 The label must meet the following requirements: 

    (a) The octane number displayed on the label must represent 
 the average of the "motor method" octane number and the 
 "research method" octane number as determined by the test 
 methods in ASTM specification D4814-01, or by a test method 
 adopted by department rule. 

    (b) The label must be at least 2-1/2 inches high and three 
 inches wide, with a yellow background, black border, and black 
 figures and letters. 

    (c) The number representing the octane of the gasoline must 
 be at least one inch high. 

    (d) The label must include the words "minimum octane" and 
 the term "(R)/2" or "(RONON)/2." 

    HIST: 1992 c 575 s 30; 1998 c 278 s 2; 1Sp2003 c 14 art 7 s 66 

     239.80 Violations; penalties. 

    Subdivision 1.    Violations; actions of department.  
 The director, or any delegated employee shall use the methods in 
 section 239.75 to enforce sections 239.10; 239.101, subdivision 
 3; 239.761; 239.79; 239.791; and 239.792.  

    Subd. 2.    Penalty.  A person who fails to comply with 
 any provision of section 239.10; 239.101, subdivision 3; 
 239.761; 239.79; 239.791, subdivisions 1 to 11; or 239.792, is 
 guilty of a misdemeanor. 

    Subd. 3.    Nonoxygenated gasoline penalty.  A person 
 who fails to comply with section 239.791, subdivision 12, 
 paragraph (b), (c), or (d), is guilty of a misdemeanor. 

    HIST: 1987 c 268 art 14 s 6; 1992 c 575 s 31; 1993 c 369 s 
 75,76; 1996 c 354 s 12,13 

  239.81 Renumbered 239.531