19-10 Petroleum Products - North Dakota Statutes

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CHAPTER 19-10PETROLEUM PRODUCTS19-10-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Adulterated", when used to describe any petroleum or alternative fuel product,
denotes a petroleum or alternative fuel product which fails to meet the specifications
prescribed by this chapter.2."Alternative fuel" means a fuel for an engine or vehicle, or used as heating oil, other
than a petroleum-based fuel.3."Biodiesel" means any non-petroleum-based diesel fuel made from renewable
resources such as vegetable oils or animal fats.4."Department" means the state department of health.5."Diesel fuel" is any petroleum product intended for use or offered for sale as a fuel
for engines in which the fuel is injected into the combustion chamber and ignited by
pressure without electric spark.6."Gasoline" is a refined petroleum naphtha which by its composition is suitable for
use as a carburant in internal combustion engines.7."Heating oil" is any product intended for use or offered for sale as a furnace oil,
range oil, or fuel oil for heating and cooking purposes to be used in burners other
than wick burners regardless of whether the product is designated as furnace oil,
range oil, fuel oil, gas oil, or is given any other name or designation.8."Kerosene" is a petroleum fraction which is free from water, additives, foreign or
suspended matter, and is suitable for use as an illuminating oil.9."Lubricating oil" is any petroleum, or other product, used for the purpose of reducing
friction, heat, or wear in automobiles, tractors, gasoline engines, diesel engines, and
other machines.10."Misbranded", when used in connection with any petroleum or alternative fuel
product, denotes a petroleum or alternative fuel product which is not labeled as
required under the provisions of this chapter.11."Sell" and "sale" include the keeping, offering, or exposing for sale, transportation, or
exchange of the restricted or prohibited article.12."Tractor fuel" is any product, other than gasoline or kerosene, intended for use or
offered for sale as a fuel for tractors, regardless of whether the product is designated
as distillate, gas oil, fuel oil, or is given any other name or designation.19-10-02.Department to enforce law - Regulation of petroleum products.Theprovisions of this chapter must be enforced by the department. The department may adopt rules
and regulations pursuant to chapter 28-32 for the interpretation of the provisions and intent of this
chapter.19-10-03.Sale of adulterated and misbranded gasoline, kerosene, tractor fuel,heating oil, diesel fuel, or lubricating oil prohibited. No person may sell or offer or expose for
sale any kerosene, gasoline, or other petroleum product intended to be used as kerosene or
gasoline, or any tractor fuel, heating oil, diesel fuel, or lubricating oil which is adulterated or
misbranded.Page No. 119-10-03.1. Retail sale of alcohol-blended gasoline - Label requirements. No dealermay sell at retail alcohol-blended gasoline unless the dispensing unit and any price advertising
bear the name of the alcohol blended with the gasoline if the alcohol-blended gasoline consists of
one percent or more by volume of any alcohol and the dispensing unit bears the ethanol
promotion and information council label or logo. The disclosure must be in letters at least the
same size as those used for the label of the basic grade of gasoline and must be next to the
gasoline grade label. A producer of alcohol-blended gasoline may provide a retailer with a label
promoting the benefits of alcohol-blended gasoline, if the label at least meets the requirements of
this section.19-10-03.2.Retail sale of gasoline containing methyl tertiary butyl ether -Restriction.A person may not sell, offer for sale, supply, or offer for supply gasoline thatcontains methyl tertiary butyl ether in quantities greater than five-tenths of one percent by
volume. However, a person may ship gasoline containing methyl tertiary butyl ether within the
state for disposition outside the state, including storage coincident to shipment.19-10-03.3. Retail sale of alternative fuels - Notice required. A dealer may not sell atretail alternative fuel unless the dispensing unit and price advertising contains the name and
main components of the alternative fuel or alternative fuel blend. The disclosure must follow the
same labeling specifications that apply for petroleum-based fuels. The department shall adopt
rules under chapter 28-32 for labeling of petroleum products and alternative fuels. A producer of
alternative fuels or alternative fuel blends may provide a retailer with a label promoting the
benefits of the alternative fuel if the label meets the requirements of this section.19-10-04. Labeling gasoline containers - Gasoline pipeline. Every package, barrel,filling station pump, and every tank wagon, truck, or car containing gasoline for sale or
consignment or held with intent to sell or consign the same within this state or to transport it into
this state must be clearly and distinctly stamped, labeled, or tagged with the word "gasoline".
Every oil station pipeline for gasoline must be painted red. The fittings upon such lines, however,
may be painted other colors to designate grades.Pipelines for gasoline must be entirelyseparate from lines for kerosene or for any other high flash product. Every can, bucket, barrel, or
other container of less than sixty gallons [227.12 liters] capacity used for storage or delivery of
gasoline, benzine, or benzine products, unless the same is made of glass, must be painted bright
red, and such containers may not be used for the storage or delivery of kerosene. In the case of
glass containers, the contents must be designated by a red label securely pasted on or attached
to the containers bearing the name of the product.19-10-05. Labeling kerosene - Containers - Pipeline. Every package, barrel, fillingstation pump, and every tank wagon, truck, or car containing kerosene for sale or consignment
when held within this state or transported into this state must be clearly and distinctly stamped,
labeled, or tagged with the word "kerosene". Every oil station pipeline for kerosene must be
painted aluminum and must be entirely separate from lines for gasoline or other low flash
products.19-10-06. Labeling tractor fuel. Every package, barrel, pump, and every truck, tankwagon, or car containing tractor fuel oil, other than gasoline or kerosene, for sale or consignment,
when held within this state or when being transported into this state must be clearly and distinctly
tagged, marked, and labeled with the legend "Tractor fuel oil, not for illuminating purposes nor
wick burners". Every oil station pipeline for tractor fuel must be painted yellow and must be
entirely separate from lines for kerosene or other high flash product.19-10-07. Labeling heating oil. Every package, barrel, pump, and every tank wagon,truck, or car containing heating oil for sale or consignment, when held within this state or when
being transported into this state, must be clearly and distinctly tagged, marked, or labeled with
the designation of grade established by the department. Every oil station pipeline for heating oil
must be painted green.19-10-08. Labeling diesel fuel. Every package, barrel, pump, and every tank wagon,truck, or car containing diesel fuel for sale or consignment, when held within this state orPage No. 2transported into this state, must be clearly and distinctly tagged, marked, or labeled with the
designation "diesel fuel" together with its cetane number and the grade established by the
department. Every oil station pipeline for diesel fuel must be painted green.19-10-09. Specifications - Gasoline and kerosene. Repealed by S.L. 1951, ch. 154,