2007 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."
History: 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.
History: 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.
History: 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239.004 [Repealed, 1Sp2003 c 9 art 10 s 14]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.
History: (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 17025;
(ii) maintaining, to the extent practicable, certification of the metrology laboratory by an
internationally accepted accrediting body such as the National Voluntary Laboratory Accreditation
Program (NVLAP); and
(iii) providing calibration and consultation services to metrology laboratories in government
and private industry in the United States.
    Subd. 3. Liquefied petroleum gas. (a) The annual testing and inspection requirements
for liquefied petroleum gas-measuring equipment, as set forth in section 239.10, subdivision
3 , shall be deemed to have been met by an owner or seller who has testing and inspection
performed annually in compliance with this subdivision. The testing and inspection must meet
the following requirements:
(1) all equipment subject to inspection and testing requirements must be inspected and
tested annually;
(2) inspection testing must only be done by persons who have demonstrated to the director
that they are competent to inspect and test liquefied petroleum gas-measuring equipment.
Competency may be established by passage of a competency examination, which the director
must establish, or by other recognized credentialing processes approved by the director. Persons
taking tests established by the director may be charged for the costs of the testing procedure;
(3) testing and inspection procedures must comply with inspection protocol, which must
be established by the director. The director may use existing protocol or recognize any other
scientifically established and recognized protocol;
(4) persons who inspect or test liquefied petroleum gas-measuring equipment must use
testing equipment that meets any specifications issued by the director;
(5) equipment used for testing and inspection must be submitted to the director for calibration
by the division whenever ordered by the director; and
(6) all inspectors, equipment, and inspection protocol must comply with all relevant
requirements of Minnesota Statutes, department rules, and written procedures issued by the
director.
(b) Owners or sellers of liquefied petroleum gas may perform their own tests and inspections
or have employees do so as long as they meet the requirements of this subdivision. Persons
performing inspection and testing may also perform repairs and maintenance on inspected
equipment if authorized by the owner. However, they shall not be allowed to take equipment
out of service.
(c) Inspectors shall tag meters that fail the testing process as "out of tolerance." For
equipment that has passed inspection, the inspector shall provide to the owner or seller a seal
indicating that the equipment has been inspected and the date of the inspection. Whenever an
inspector issues a seal to an owner or seller, the inspector shall submit to the director written
verification that the equipment was tested by procedures and testing equipment meeting the
requirements of this subdivision. The director shall issue seals (stickers) to inspectors for the
purposes of this subdivision. The issuance of a seal to an owner or seller establishes only that the
equipment was inspected by a certified inspector using qualified equipment and procedures, and
that the equipment was found to be within allowable tolerance on the date tested.
History: 1991 c 198 s 2; 1993 c 369 s 70; 1995 c 220 s 114; 1998 c 299 s 30; 2004 c 189 s
1; 1Sp2005 c 1 art 4 s 59

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.
History: 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.
History: (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    Subdivision 1.[Renumbered 239.051, subdivision 1]
    Subd. 1a.[Renumbered 239.051, subd 2]
    Subd. 2.[Repealed, 1974 c 347 s 17]
    Subd. 2a.[Renumbered 239.051, subd 3]
    Subd. 2b.[Renumbered 239.051, subd 4]
    Subd. 2c.[Repealed, 1993 c 369 s 146]
    Subd. 3.[Repealed, 1974 c 347 s 17]
    Subd. 3a.[Renumbered 239.051, subd 5]
    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.[Repealed, 1Sp2005 c 1 art 4 s 124]
    Subd. 6b.[Repealed, 1Sp2005 c 1 art 4 s 124]
    Subd. 6c.[Renumbered subd 6e]
    Subd. 6d.[Renumbered 239.051, subd 6]
    Subd. 6e.[Renumbered 239.051, subd 7]
    Subd. 7.[Renumbered 239.051, subd 8]
    Subd. 7a.[Renumbered 239.051, subd 9]
    Subd. 8.[Renumbered 239.051, subd 10]
    Subd. 8a.[Renumbered 239.051, subd 11]
    Subd. 8b.[Renumbered 239.051, subd 12]
    Subd. 8c.[Renumbered 239.051, subd 13]
    Subd. 8d.[Renumbered 239.051, subd 14]
    Subd. 8e.[Renumbered 239.051, subd 16]
    Subd. 8f.[Renumbered 239.051, subd 17]
    Subd. 8g.[Renumbered subd 9b]
    Subd. 9.[Renumbered 239.051, subd 18]
    Subd. 9a.[Renumbered subd 9c]
    Subd. 9b.[Renumbered 239.051, subd 19]
    Subd. 9c.[Renumbered 239.051, subd 20]
    Subd. 10.[Renumbered 239.051, subd 21]
    Subd. 10a.[Renumbered 239.051, subd 22]
    Subd. 10b.[Renumbered 239.051, subd 15]
    Subd. 10c.[Renumbered 239.051, subd 23]
    Subd. 11.[Renumbered 239.051, subd 24]
    Subd. 12.[Renumbered 239.051, subd 25]
    Subd. 12a.[Renumbered 239.051, subd 26]
    Subd. 12b.[Renumbered 239.051, subd 27]
    Subd. 13.[Renumbered 239.051, subd 28]
    Subd. 13a.[Renumbered 239.051, subd 29]
    Subd. 13b.[Renumbered 239.051, subd 30]
    Subd. 14.[Renumbered 239.051, subd 31]
    Subd. 14a.[Renumbered 239.051, subd 32]
    Subd. 15.[Renumbered 239.051, subd 33]
    Subd. 15a.[Renumbered 239.051, subd 34]
    Subd. 16.[Renumbered 239.051, subd 35]
    Subd. 17.[Renumbered 239.051, subd 36]
    Subd. 18.[Renumbered 239.051, subd 37]

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

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.
History: (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.
History: 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;
(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; and
(7) empowered, after written warning, to issue citations of not less than $100 and not more
than $500 to a person who violates any provision of this chapter, any provision of the rules
adopted under the authority contained in this chapter, or any provision of statutes enforced by the
Division of Weights and Measures.
History: (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; 1Sp2005 c 1 art 4 s 62

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.
History: 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.
    (c) Firewood sold or distributed across state boundaries or more than 100 miles from
its origin must include delivery ticket information regarding the harvest locations of the wood
by county and state.
History: 1991 c 198 s 8; 2007 c 36 s 3

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.
    (c) Firewood sold or distributed across state boundaries or more than 100 miles from its
origin must include information regarding the harvest locations of the wood by county and state
on each label or wrapper.
History: 1991 c 198 s 9; 2007 c 36 s 4

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.
History: 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.
History: (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; appropriation, uses. (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 $1 for every
1,000 gallons received. The commissioner of revenue shall collect the fee. The revenue from 81
cents of the fee is appropriated to the commissioner of commerce for the cost of operations of the
Division of Weights and Measures, petroleum supply monitoring, and to make grants to providers
of low-income weatherization services to install renewable energy equipment in households that
are eligible for weatherization assistance under Minnesota's weatherization assistance program
state plan. The remainder of the fee must be deposited in the general fund.
    (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.[Repealed, 2007 c 62 s 16]
History: 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; 2004 c 189 s 2; 1Sp2005 c 1 art 4 s 63; 2007
c 57 art 3 s 40

239.11 [Obsolete]

239.12 [Repealed, 2004 c 189 s 5]

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.
History: (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.
History: (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 [Repealed, 2004 c 189 s 5]

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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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, bark, and
air, if cut 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 wood shall be based on 79 cubic feet of solid wood content per cord. The weight per
cord may vary by species or species group. In case of any dispute when the parties have not
otherwise agreed in writing to the weight per cord by species or species group, the weight most
recently established by the commissioner of natural resources prevails.
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.
History: (7026) 1913 c 560 s 5; 1985 c 260 s 1; 2000 c 301 s 1; 2005 c 141 s 12

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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: (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.
History: 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.
History: (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.
History: (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.
History: 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.
History: 1987 c 348 s 36; 1995 c 220 s 115

PETROLEUM PRODUCTS

239.75 INSPECTION OF PETROLEUM PRODUCTS.
    Subdivision 1. Inspection requirements; blending exemptions. 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 one-half gallon;
    (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 test data and information to assist persons who use, produce, distribute, or sell
petroleum-based heating and engine fuels;
    (9) audit the records of any person responsible for the product to determine compliance with
sections 239.75 to 239.792;
    (10) after consulting with the commissioner, grant a temporary exemption from the
gasoline-ethanol blending requirements in section 239.791 if the supply of ethanol is insufficient
to produce gasoline-ethanol blends;
    (11) after consulting with the commissioner, grant a temporary exemption from the
diesel-biodiesel blending requirements in section 239.77, if the supply of biodiesel is insufficient
to produce diesel-biodiesel blends; 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 petroleum-based engine fuel 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;
(iii) a dye to distinguish heating fuel from low sulfur diesel fuel; or
(iv) biodiesel fuel that complies with the specifications in this chapter; 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.
History: 1987 c 268 art 14 s 2; 1992 c 575 s 23; 1Sp2005 c 1 art 4 s 64,65; 2007 c 28 s 1

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. 6a. Person must be present when fueling; sign. (a) A person must be in close
attendance to the dispenser nozzle while fuel is being dispensed into a motor vehicle. No civil or
criminal penalties apply to violations of this subdivision.
    (b) A person who sells petroleum product at retail to the public for use in motor vehicles as
defined in section 296A.01, subdivision 21:
    (1) shall post signs in the locations described in subdivision 5 that state: "A person fueling a
motor vehicle must be in close attendance to the dispenser nozzle during the fueling process."; and
    (2) may discontinue fuel services to a person who violates paragraph (a).
    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.
History: 1992 c 575 s 24; 2007 c 62 s 1

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) "E85" for an ethanol-gasoline blend, as defined in section 296A.01; or
(4) "M85" 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.
History: 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.
History: 1992 c 575 s 26

239.754 NOTIFICATION OF PRODUCT UNAVAILABILITY; TERMINAL OPERATORS.
    A person who operates a terminal where petroleum products are loaded into transport trucks
for subsequent distribution, shall notify the director when regular grade gasoline, number 1 diesel,
number 2 diesel, kerosene, heating oil, ethanol, and biodiesel are physically not available for
sale to licensed distributors.
History: 2007 c 28 s 2

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 D4814-06. 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 D4814-06, or the gasoline base stock from which a
gasoline-ethanol blend was produced must comply with ASTM specification D4814-06; 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 D4806-06c. 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 D4814-06. 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 D396-05a.
    Subd. 8. Diesel fuel oil. Diesel fuel oil must comply with ASTM specification D975-06b.
    Subd. 9. Kerosene. Kerosene must comply with ASTM specification D3699-06.
    Subd. 10. Aviation gasoline. Aviation gasoline must comply with ASTM specification
D910-04a.
    Subd. 11. Aviation turbine fuel, jet fuel. Aviation turbine fuel and jet fuel must comply
with ASTM specification D1655-06a.
    Subd. 12. Gas turbine fuel oil. Fuel oil for use in nonaviation gas turbine engines must
comply with ASTM specification D2880-03.
    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
(2004).
    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.
    Subd. 15. Biodiesel blend definition. "Biodiesel blend" means a blend of diesel fuel and
biodiesel fuel at a ratio designated by "BXX" where "XX" represents the volume percent of
biodiesel fuel in the blend.
    Subd. 16. Biodiesel fuel definition. "Biodiesel fuel" means a renewable, biodegradable,
mono alkyl ester combustible liquid that is derived from agricultural plant oils or animal fats and
that meets American Society for Testing and Materials (ASTM) specification D6751-07 for
Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
History: 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; 1Sp2005 c
1 art 4 s 66; 2007 c 62 s 2

239.77 BIODIESEL CONTENT MANDATE.
    Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono
alkyl ester combustible liquid fuel that is derived from agricultural plant oils or animal fats and
that meets American Society For Testing and Materials specification D6751-07 for Biodiesel
Fuel (B100) Blend Stock for Distillate Fuels.
    Subd. 2. Minimum content. 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.
    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.
    Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel is sold or
transferred from the refinery or terminal, a bill of lading or shipping manifest to the person
who receives the fuel. For biodiesel-blended products, the bill of lading or shipping manifest
must disclose biodiesel content, stating volume percentage, gallons of biodiesel per gallons of
petroleum diesel base-stock, or an ASTM "Bxx" designation where "xx" denotes the volume
percent biodiesel included in the blended product. This subdivision does not apply to sales or
transfers of biodiesel blend stock between refineries, between terminals, or between a refinery
and a terminal.
History: 2002 c 244 s 1; 1Sp2005 c 1 art 4 s 67; 2007 c 62 s 3,4

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.
History: 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. Administration and enforcement. The audit, assessment, appeal, collection, and
administrative provisions of chapters 270C and 296A, that apply to the taxes imposed by chapter
296A, apply to the fee imposed by this section.
    Subd. 5. Interest. Fees and penalties are subject to interest at the rate provided in section
270C.40.
    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.
History: 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; 2005 c 151 art 2 s 3,17

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, and biodiesel. This subdivision does not apply to the measurement
of petroleum products transferred, sold, or traded between refineries, between refineries and
terminals, or between terminals.
History: 1987 c 268 art 14 s 5; 1989 c 350 art 18 s 1; 1992 c 575 s 28; 1Sp2005 c 1 art 4 s 68

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 engine fuels.
(c) The provisions of this subdivision are suspended during any period of time that
subdivision 1a, paragraph (a), is in effect.
    Subd. 1a. Minimum ethanol content required. (a) Except as provided in subdivisions 10
to 14, on August 30, 2013, and thereafter, a person responsible for the product shall ensure that
all gasoline sold or offered for sale in Minnesota must contain at least 20 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 18.4 percent by volume and
not more than 20 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 content in motor fuels.
(c) No motor fuel shall be deemed to be a defective product by virtue of the fact that the
motor fuel is formulated or blended pursuant to the requirements of paragraph (a) under any theory
of liability except for simple or willful negligence or fraud. This paragraph does not preclude an
action for negligent, fraudulent, or willful acts. This paragraph does not affect a person whose
liability arises under chapter 115, water pollution control; 115A, waste management; 115B,
environmental response and liability; 115C, leaking underground storage tanks; or 299J, pipeline
safety; under public nuisance law for damage to the environment or the public health; under any
other environmental or public health law; or under any environmental or public health ordinance
or program of a municipality as defined in section 466.01.
(d) This subdivision expires on December 31, 2010, if by that date:
(1) the commissioner of agriculture certifies and publishes the certification in the State
Register that at least 20 percent of the volume of gasoline sold in the state is denatured ethanol; or
(2) federal approval has not been granted for the use of E20 as gasoline. The United States
Environmental Protection Agency's failure to act on an application shall not be deemed approval
of the use of E20, or a waiver under section 211(f)(4) of the Clean Air Act, United States Code,
title 42, section 7545, subsection (f), paragraph (4).
    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. Ethanol records; state audit. The director shall audit the records of registered
ethanol 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 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."
This notice must be posted at least two feet above the ground. A retail gasoline station that sells
nonoxygenated premium gasoline as defined in section 239.791, subdivision 15, must register
every two years with the director, or an entity appointed by the director, on forms approved by the
director, the total amount of nonoxygenated premium gasoline sold annually.
    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.
    Subd. 15. Exemption for certain blend pumps. (a) A person responsible for the product,
who offers for sale, sells, or dispenses nonoxygenated premium gasoline under one or more of the
exemptions in subdivisions 10 to 14, may sell, offer for sale, or dispense oxygenated gasoline
that contains less than the minimum amount of ethanol required under subdivision 1 if all of
the following conditions are met:
(1) the blended gasoline has an octane rating of 88 or greater;
(2) the gasoline is a blend of oxygenated gasoline meeting the requirements of subdivision 1
with nonoxygenated premium gasoline;
(3) the blended gasoline contains not more than ten percent nonoxygenated premium
gasoline;
(4) the blending of oxygenated gasoline with nonoxygenated gasoline occurs within the
gasoline dispenser; and
(5) the gasoline station at which the gasoline is sold, offered for sale, or delivered is equipped
to store gasoline in not more than two storage tanks.
(b) This subdivision applies only to those persons who met the conditions in paragraph (a),
clauses (1) through (5), on August 1, 2004, and registered with the director by November 1, 2004.
History: 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; 2004 c 189 s 3,4; 2005 c 10 art 1 s
39; 2005 c 52 s 1,2; 1Sp2005 c 1 art 4 s 69-72

239.7911 PETROLEUM REPLACEMENT PROMOTION.
    Subdivision 1. Petroleum replacement goal. The tiered petroleum replacement goal of the
state of Minnesota is that:
    (1) at least 20 percent of the liquid fuel sold in the state is derived from renewable sources
by December 31, 2015; and
    (2) at least 25 percent of the liquid fuel sold in the state is derived from renewable sources by
December 31, 2025.
    Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of agriculture,
in consultation with the commissioners of commerce and the Pollution Control Agency, shall
identify and implement activities necessary for the widespread use of renewable liquid fuels in the
state. Beginning November 1, 2005, and continuing through 2015, the commissioners, or their
designees, shall work with representatives from the renewable fuels industry, petroleum retailers,
refiners, automakers, small engine manufacturers, and other interested groups, to develop annual
recommendations for administrative and legislative action.
(b) The activities of the commissioners under this subdivision shall include, but not be
limited to:
(1) developing recommendations for incentives for retailers to install equipment necessary
for dispensing renewable liquid fuels to the public;
(2) obtaining federal approval for the use of E20 as gasoline;
(3) developing recommendations for ensuring that motor vehicles and small engine
equipment have access to an adequate supply of fuel;
(4) working with the owners and operators of large corporate automotive fleets in the state
to increase their use of renewable fuels; and
(5) working to maintain an affordable retail price for liquid fuels.
History: 2005 c 52 s 3; 2007 c 45 art 1 s 58

239.792 AUTOMOTIVE FUEL RATINGS, CERTIFICATION, AND POSTING.
    Subdivision 1. Duties of refiners, importers, and producers. A refiner, importer, or
producer of automotive fuel must comply with the automotive fuel rating, certification, and
record-keeping requirements of Code of Federal Regulations, title 16, sections 306.5 to 306.7.
    Subd. 2. Duties of distributors. A licensed distributor of automotive fuel must comply
with the certification and record-keeping provisions of Code of Federal Regulations, title 16,
sections 306.8 and 306.9.
    Subd. 3. Duties of retailers. A person responsible for the product who sells or transfers
automotive fuel to a consumer must comply with the automotive fuel rating posting and
record-keeping requirements, and the label specifications of Code of Federal Regulations, title 16,
sections 306.10 to 306.12.
    Subd. 4. Duties of director. Upon request, the director shall provide any person with a copy
of Code of Federal Regulations, title 16, part 306. Upon request, the director shall provide any
distributor, retailer, or organization of distributors or retailers with the label specifications in Code
of Federal Regulations, title 16, section 306.12.
History: 1992 c 575 s 30; 1998 c 278 s 2; 1Sp2003 c 14 art 7 s 66; 1Sp2005 c 1 art 4 s 73

239.80 VIOLATIONS; PENALTIES.
    Subdivision 1. Violations; enforcement actions of department; waiver. (a) 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; 239.77; 239.79; 239.791; and 239.792.
    (b) The director or any delegated employee may waive a penalty for a violation under section
239.77 or 239.791 on a retailer when ethanol or biodiesel are not available at a pipeline or
refinery to meet the blending requirements of this chapter, and the terminal has had ethanol or
biodiesel blended products available to the licensed distributor for 20 of the previous 30 days. The
director or delegated employee shall use the reports required in section 239.754 or other available
information in making a determination under this paragraph. The commissioner shall work with
the commissioner of agriculture, biodiesel producers, ethanol producers, pipeline operators, and
terminal operators, to ensure that biodiesel and ethanol are available for blending at pipeline and
refinery terminals where diesel fuel and gasoline are sold and destined for use in Minnesota.
    Subd. 2. Penalty. A person who fails to comply with any provision of section 239.10;
239.101, subdivision 3; 239.761; 239.77; 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.
History: 1987 c 268 art 14 s 6; 1992 c 575 s 31; 1993 c 369 s 75,76; 1996 c 354 s 12,13;
2007 c 28 s 3,4

239.81 [Renumbered 239.531]