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239.051 DEFINITIONS.
    Subdivision 1. Scope. The terms used in this chapter have the meanings given them in
this section.
    Subd. 2. Airport. "Airport" has the meaning given it in section 360.013, subdivision 39.
    Subd. 3. 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. 4. 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. 5. Automotive fuel. For the purpose of enforcing the gasoline octane requirements
in section 239.792, "automotive fuel" has the meaning given it in Code of Federal Regulations,
title 16, section 306.0.
    Subd. 6. 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. 7. Commissioner. "Commissioner" means the commissioner of the Department
of Commerce.
    Subd. 8. 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. 9. Department. "Department" means the Department of Commerce.
    Subd. 10. Director. "Director" means the director of the Division of Weights and Measures
of the Department of Commerce.
    Subd. 11. Dispenser. "Dispenser" means a device designed to measure and deliver liquid
petroleum products used as fuel.
    Subd. 12. 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. 13. Division. "Division" means the Division of Weights and Measures of the
Department of Commerce.
    Subd. 14. EPA. "EPA" means the United States Environmental Protection Agency.
    Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and distributes,
transports, sells, or offers to sell gasoline containing ten percent ethanol by volume.
    Subd. 16. Gasoline. "Gasoline" has the meaning given it in section 296A.01, subdivision 23.
    Subd. 17. Marina. "Marina" has the meaning given it in section 86A.20, subdivision 5.
    Subd. 18. Metrology. "Metrology" means the science and practice of precise measurement,
including measurement of mass, length, volume, and temperature.
    Subd. 19. Mooring facility. "Mooring facility" has the meaning given it in section 86A.20,
subdivision 3
.
    Subd. 20. Motorcycle. "Motorcycle" has the meaning given it in section 168.011,
subdivision 26
.
    Subd. 21. 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. 22. 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. 23. 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. 24. Package. "Package" means a commodity put up or packaged in advance of sale in
units suitable for either wholesale or retail sale.
    Subd. 25. Person. "Person," means person or persons, corporation, partnership, stock
company, society, association, or the agent or employee thereof.
    Subd. 26. 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. 27. 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. 28. 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. 29. 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. 30. Resort. "Resort" has the meaning given it in section 157.15, subdivision 11.
    Subd. 31. Sale from bulk. "Sale from bulk" means the sale of commodities when the
quantity is determined at the time of the sale.
    Subd. 32. 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. 33. 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. 34. Snowmobile. "Snowmobile" has the meaning given it in section 84.81, subdivision
3
.
    Subd. 35. 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. 36. Weight. "Weight" means net weight when it is used in connection with a
commodity sold by weight.
    Subd. 37. 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.
History: (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; 1Sp2005 c 1 art 4 s 60,61,123