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67-3-810 - Requirements for sale of dyed diesel fuel at retail station.

67-3-810. Requirements for sale of dyed diesel fuel at retail station.

(a)  (1)  A licensed retailer selling dyed diesel fuel at a retail station shall, in addition to the other requirements of this chapter, dispense the dyed diesel fuel to the end user from a pump or device:

          (A)  Located on an island separate from any undyed diesel fuel pump;

          (B)  Located no closer than ten feet (10¢) from any undyed diesel fuel pump or device on the same island; or

          (C)  For which there is an attendant stationed and in attendance on the pump island.

     (2)  The outside diameter for the dispensing nozzle on any such pump or dispensing device shall not be less than one and three-eighths inches (1 3/8²).

(b)  A licensed wholesaler may sell dyed diesel fuel using a customer-controlled pump located at a retail station, subject to the requirements of § 67-3-401(i), other than the requirement that the customer be a governmental agency.

(c)  All sales of dyed diesel fuel at retail shall be recorded by the seller at or near the time of the sale and the invoice shall contain the date of the purchase and delivery, along with the purchaser's name and address, type of fuel, a notation for dye added, the number of gallons purchased, the amount of state and local tax and the total dollar amount of the sale.

(d)  Notwithstanding any other provision of this chapter, all dyed diesel pumps or devices installed or made operational after January 1, 2001, shall be located no closer than twelve feet (12¢) from any undyed diesel fuel pump. This requirement does not apply to replacement pumps or devices for those dyed diesel pumps or devices existing as of January 1, 2001, and otherwise compliant with the requirements of this chapter.

[Acts 1997, ch. 316, § 1; 2001, ch. 133, § 2; T.C.A., § 67-3-1910.]  

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