2004 Minnesota Statutes

     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  Repealed, 1974 c 347 s 17 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 Repealed, 1993 c 369 s 146 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  Repealed, 1974 c 347 s 17 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  Repealed, 1974 c 347 s 17 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  Repealed, 1974 c 347 s 17 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  Repealed, 1974 c 347 s 17 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