**Agenda of the Laws and Regulations Committee**

Dennis Johannes

Chairman

California Division of Measurement Standards

Reference

Key Number

# [[[]{#_200__ .anchor}]{#__RefHeading___Toc25481492 .anchor}200 Introduction](#_200__)

The Laws and Regulations Committee (L&R Committee) will address the
following items at its Interim Meeting. Table A identifies agenda items
by Reference Key Number, title, and page number. The first three digits
of the Reference Key Numbers of the items are assigned from the subject
series listed below. The fact that an item may appear on the agenda does
not mean it will be presented to the NCWM for a vote; The Committee may
withdraw some items, present some items for information and further
study, issue interpretations, or make specific recommendations for
changes to the publications listed below. The recommendations presented
in this agenda are statements of proposal and are not necessarily
recommendations of the Committee. The appendices to the agenda are
listed in Table B.

This agenda contains recommendations to amend National Institute of
Standards and Technology (NIST) Handbook 130, 2002 edition, "Uniform
Laws and Regulations," and NIST Handbook 133, "Checking the Net Contents
of Packaged Goods," Fourth Edition. Revisions proposed by the Committee
are shown in **bold face print** by ~~crossing out~~ information to be
deleted and [underlining]{.underline} information to be added. New items
proposed for the handbooks are designated as such and are shown in
**bold face print**. "SI" means the International System of Units.
"FPLA" means the Fair Packaging and Labeling Act. The section mark, "§,"
is used in most references in the text and is followed by the section
number and title, (for example, § 1.2. Weight.) When used in this
agenda, the term "weight" means "mass."

**Subject Series**

Handbook 130 -- General 210 Series

Uniform Laws 220 Series

Weights and Measures Law (WML) 221 Series

Weighmaster Law (WL) 222 Series

Engine Fuels, Petroleum products, and Automotive Lubricants Inspection
Law (EFL) 223 Series

Uniform Regulations 230 Series

Packaging and labeling Regulation (PLR) 231 Series

Method of sale of Commodities Regulation (MSCR) 232 Series

Unit Pricing Regulation (UPR) 233 Series

Voluntary Registration of Servicepersons and Service Agencies

For Commercial Weighing and Measuring Devices Regulation (VREG) 234
Series

Open Dating Regulation (ODR) 235 Series

National Type Evaluation Regulation (NTER) 236 Series

Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation
(EFR) 237 Series

Interpretations and Guidelines 238 Series

Price Verification 239 Series

NIST Handbook 133 250 Series

Other Items 260 Series

# Table A

**Index to Reference Key Items**

Reference Title of Item Page

Key No.

[200 Introduction 1](#__RefHeading___Toc25481492)

[232 Method of Sale of Commodities Regulation
3](#method-of-sale-of-commodities-regulation)

[232-1 Stored Tare Weights 3](#stored-tare-weights)

[237 Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation
4](#uniform-engine-fuels-petroleum-products-and-automotive-lubricants-regulation)

[237-1 Petroleum Subcommittee Agenda Items
4](#petroleum-subcommittee-agenda-items)

[237-2 Uniform Engine Fuels, Petroleum Products, and Lubricants
Regulation
5](#uniform-engine-fuels-petroleum-products-and-lubricants-regulation)

[237-3 Petroleum Products Sampling Procedures and Safety Manual
5](#petroleum-products-sampling-procedures-and-safety-manual)

[237-4 Biodiesel Fuel 6](#biodiesel-fuel)

[237-5 E diesel 7](#e-diesel)

[237-6 Nozzle Requirements for Diesel Fuel
8](#nozzle-requirements-for-diesel-fuel)

[237-7 Premium Diesel, Single Definition
8](#premium-diesel-single-definition)

[239 Price Verification 11](#price-verification)

[239-1 Amend NIST Handbook 130, Examination Procedure for Price
Verification, Section 6.2
11](#amend-nist-handbook-130-examination-procedure-for-price-verification-section-6.2)

[250 NIST Handbook 133 11](#nist-handbook-133)

[250-1 Amend NIST Handbook 133, 4th Edition, Chapter 2, Section 2.3
11](#amend-nist-handbook-133-4th-edition-chapter-2-section-2.3)

[250-2 Amend NIST Handbook 133, 4th Edition, Chapter 2, Section 2.2
12](#amend-nist-handbook-133-4th-edition-chapter-2-section-2.2)

[250-3 Amend NIST Handbook 133, 4th Edition, Chapter 1, Section 1.2
14](#amend-nist-handbook-133-4th-edition-chapter-1-section-1.2)

[250-4 Amend NIST Handbook 133, 4th Edition, Chapter 2, Section 2.3
14](#amend-nist-handbook-133-4th-edition-chapter-2-section-2.3-1)

[260 Other Items 16](#other-items)

[260-1 Enhanced Product -- USDA/FSIS Meat and Poultry Products
16](#enhanced-product-usdafsis-meat-and-poultry-products)

# Table B

**Appendices**

Appendix Title Page

A Recommendation for 237-2, Uniform Engine Fuels,

> Petroleum Products, and Automotive Lubricants
> Regulation...............................L&R-18

**Details of All Items**

(In Order by Reference Key Number)

# 232 Method of Sale of Commodities Regulation

## 232-1 Stored Tare Weights

**Source:** Southern Weights and Measures Association (SWMA)

**Background:** Stored vehicle tare weights are being used and are often
found to be incorrect. Errors found in vehicle tare weight surveys range
from weighing 8 900 pounds less than the stored tare to weighing 2 680
pounds more than the stored tare. A load of sand or gravel at a cost of
\$5.50 per ton with a tare error of 750 pounds has a monetary value for
each weighing error of \$2.06. If this error occurs on four transactions
per day for 240 working days, it results in an overcharge of more than
\$1,977 per year. Since the practice of using stored tare weights is
followed by other types of businesses (e.g., landfills and asphalt
plants) where prices may reach \$70 or more per ton, an error of 750
pounds in the tare weight of a truck would equal \$26 per weighment. If
this truck were involved in four transactions per day for 240 working
days, the overcharge would total more than \$25,000 per year.

**Recommendation:** The L&R Committee recognizes the need for a
regulation to require scale operators to maintain accurate and
up-to-date stored tare weights. In 2002 the L&R Committee reviewed the
information concerning this issue and voted to move the item forward as
Voting, using the language as proposed by the Southern Weights and
Measures Association (SWMA). In July 2002, the L&R Committee recommended
that NIST Handbook 130, Method of Sale Regulation, Section 3, General,
be amended by adding Section 3.5 - Vehicle Tare Weights. This item was
not adopted at the 2002 NCWM.

**3.5 -- Vehicle Tare Weights - Whenever stored vehicle tare weights are
employed, the following conditions and requirements shall apply:**

**3.5.1 - Allowable differences. - The difference between tare weight
and stored tare weight must not exceed plus or minus 3 scale
divisions.**

**3.5.2 - All stored vehicle scale tare weights shall be determined to
the nearest scale division. When stored tare weights are used, issued
weight certificates shall identify that fact by placing words such as
\"stored tare\" next to the tare weight. Abbreviations or symbols may be
used, provided the terminology is defined elsewhere on the printed
ticket.**

**3.5.3 - Stored vehicle scale tare weights shall be verified at regular
intervals at a frequency to be determined by the jurisdiction with
statutory authority for the device, unless preempted by a more stringent
guideline/requirement or modification of the vehicle.**

**3.5.4 - The use of stored tare weights shall be limited to vehicles
moving earth, rock, gravel, refuse, coal, or asphalt material.**

**Comments:** The SWMA, WWMA, and the CWMA recommend this item be
withdrawn. The SWMA recognized that stored tare weights are in use in
all of the States. Each jurisdiction is encouraged to address these
situations on a case-by-case basis. At the CWMA there were several
comments expressing the concern of allowing a tolerance for a known
weight. Jim Vanderwielen, Packers & Stockyards, stated his concern if
this would be applied to poultry being weighed on a large capacity
(vehicle) scale. Allowing a tolerance of 3d would conflict with their
requirements.

The WWMA recommends that this item be withdrawn.

The CWMA L&R Committee recommends this item be withdrawn.

The State of Michigan presented an audit report of 77 vehicles weighed
with stored tare weights. The following is a summary of the audit
report.

  ------------------------------------------ ----------------------------
  Number of Trucks Weighed                   77

  Number of Stored Tares Found in Error      77

  Percentage of Stored Tares in Error        100 %

  Average Error "Stored Tare Weight"         988.3 lbs

  Number of Stored Tare Weights Favoring the 34
  "Device Owner"                             

  Number of Stored Tare Weights Favoring the 43
  "Customer"                                 

  Total Error Weight Favoring the "Device    46 580 lbs
  Owner"                                     

  Total Error Weight Favoring the "Customer" 32 500 lbs

  Economic Benefit to the ""Device Owner"    14 080 lbs

  Estimated Annual Volume (Tons)             4 400

  Estimated Annual Sales                     \$26,500,000.00

  Average "Estimated" Number of Trucks       71 587
  Weighed: Company/Year                      
  ------------------------------------------ ----------------------------

Northeast Weights and Measures Association (NEWMA) opposes the item as
written and recommends that if the item is to be considered further, it
be amended as follows:

**3.5 -- Vehicle Tare Weights - Whenever stored vehicle tare weights are
employed, the following conditions and requirements shall apply:**

**3.5.1 - All stored vehicle scale tare weights shall be determined to
the nearest scale division. When stored tare weights are used, issued
weight certificates shall identify that fact by placing words such as
\"stored tare\" next to the tare weight. Abbreviations or symbols may be
used, provided the terminology is defined elsewhere on the printed
ticket.**

**3.5.2 - Stored vehicle scale tare weights shall be verified at regular
intervals at a frequency to be determined by the jurisdiction with
statutory authority for the device, unless preempted by a more stringent
guideline/requirement or modification of the vehicle.**

# 237 Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation

## 237-1 Petroleum Subcommittee Agenda Items

**Source:** Petroleum Subcommittee

**Background:** The Subcommittee submitted several proposed projects for
its 1999 to 2000 work plan. At the 2001 Annual Meeting, the Committee
developed an agenda for the Subcommittee based on the comments received
on the following projects:

**Federal Kerosene Dye Information** -- It was suggested that
information on the new Internal Revenue Service kerosene dye policies be
prepared and distributed to the States. The Subcommittee proposes to
develop and distribute this information.

**Publication 21-** The Western Weights and Measures Association
recommends that the Petroleum Subcommittee revise the sampling
procedures and container requirements in NCWM Publication 21-*-Petroleum
Products Sampling Procedures and Safety Manual* to provide adequate
precautions regarding the use of clear glass containers for product
specification conformance testing. This recommendation is based on data
presented to the NCWM by Chevron Products Company and the State of
Tennessee.

**Update the Engine Fuels, Petroleum Products, and Lubricants Laboratory
Guideline --** This guideline is contained in the Interpretations and
Guidelines Section of NIST Handbook 130 and was last updated in 1994.
Since that time, the cost of equipment has changed and new test methods
have been developed. The Subcommittee proposes to revise and update the
guideline.

**Automotive Lubricants** -- The Uniform Engine Fuels, Petroleum
Products, and Automotive Lubricants Regulation implies that the document
covers lubricants. When the regulation was developed, the Subcommittee
gave developing engine fuel requirements priority. The Subcommittee has
proposed requirements for lubricants.

**Comments:** Ron Hayes, MO, updated the Committee on the Petroleum
Subcommittee items. He stated that Federal Kerosene Dye Information
would be addressed in a new section to be added toa future version of
ASTM D3699 Standard Specification for Kerosene. The Engine Fuels,
Petroleum Products and Lubricants Laboratory Guideline will be completed
in the future. It will include additional equipment for testing premium
diesel, and the equipment costs will be updated to reflect current
pricing. Automotive Lubricants are addressed in item 237-2, Publication
21 is addressed in item 237-3.

## 237-2 Uniform Engine Fuels, Petroleum Products, and Lubricants Regulation

**Source:** Western Weights and Measures Association (WWMA)

**Background:** The Western Weights and Measures Association (WWMA)
received numerous comments stating the need to update the Engine Fuels,
Petroleum Products, and Lubricants Regulation. This regulation has not
been updated since 1994. This recommendation is based on data presented
to the WWMA by the Chevron Texaco Corporation.

**Recommendation:** The changes proposed by WWMA to the Engine Fuels,
Petroleum Products, and Lubricants Regulation were published in the 2002
report of the L&R Committee and is given in Appendix A. The L&R
Committee recommends that the proposed changes be studied at the
regional weights and measures meetings and comments be submitted at the
2003 Interim Meeting.

**Comments:** At the WWMA meeting, David Heck commented that API
supports the latest changes to Uniform Engine Fuels, Petroleum, and
Lubricants Regulation. The WWMA recommends that the latest amended
version, which includes requirements for lubricants and which is
contained in Appendix A, move forward as a voting item.

Mike Belue, Belue Associates, reported that the State of California and
Chevron Texaco have worked together to include the latest specifications
and definitions to the document. Randy Jennings, Tennessee, reported
that California (Dave Lazier and Dennis Johannes) along with the
Petroleum Subcommittee members from Chevron Texaco have taken the lead
on this issue. The SWMA supports this draft and recommends this item for
consideration by the NCWM Laws and Regulations Committee.

## 237-3 Petroleum Products Sampling Procedures and Safety Manual

**Source:** Western Weights and Measures Association (WWMA)

**Background:** The Western Weights and Measures Association (WWMA)
recommends the revision of sampling procedures and container
requirements in NCWM Publication 21, "Petroleum Products Sampling
Procedures and Safety Manual" to provide adequate precautions regarding
the use of clear glass containers for product specification

conformance testing. This recommendation is based on data presented to
the WWMA by the Chevron Texaco Corporation and the State of Tennessee.

**Recommendation:** Three of the four regional W&M associations
recommend similar changes to NCWM Publication 21. The WWMA recommends
amending "Petroleum Products Sampling Procedures and Safety Manual",
Section IV. B., Types of Sample Containers, as follows:

**Sample containers may be clear or brown glass bottles or metal cans.
The clear bottle is advantageous because it may be examined visually for
cleanliness, and it also allows visual inspection of the sample for free
water or solid impurities. The brown glass bottle [should be used for
samples in which the octane or cetane is a concern because
it]{.underline} affords some protection from light, [which can alter the
characteristics of the sample (ASTM DO2 Research Report DO-1502,
03/23/01).]{.underline} Plastic coated bottles are available which
provide protection from shattering. The only suitable metal cans are
those with seams soldered on the exterior surface with a flux of rosin
in a suitable solvent, which is easily removed with gasoline, or
seamless aluminum bottles.**

Randy Jennings from the Southern Weights and Measures Association
supports the amended proposal. WWMA recommends this item move forward as
a voting item.

The CWMA Laws and Regulations Committee recommended that this item move
forward as a voting item, as amended below:

**Sample containers may be clear or brown glass bottles or metal cans[.
A clear bottle is advantageous when conducting a visual examination for
cleanliness, free water or solid impurities. The samples to be tested
for octane or cetane should be protected from light because the light
can alter the characteristics of the samples.]{.underline} Plastic
coated bottles are available which provide protection from shattering.
The only suitable metal cans are those with seams soldered on the
exterior surface with a flux of rosin in a suitable solvent, which is
easily removed with gasoline, or seamless aluminum bottles.**

The SWMA Laws and Regulations Committee recommended the following text
be added to Publication 21.

**Sample containers may be clear or brown glass bottles or metal cans.
[A clear bottle is advantageous when conducting a visual examination for
cleanliness, free water or solid impurities, while brown glass bottles
provide protection from light. The samples to be tested for octane or
cetane should be protected from light because the light can alter the
characteristics of the samples]{.underline}. (See ASTM Research Report
RR: D02-1502 for documented effects.) Plastic-coated bottles are
available which provide protection from shattering. The only suitable
metal containers are seamless aluminum bottles or metal cans with seams
soldered on the exterior surface with a flux of rosin in a suitable
solvent, which is easily removed with gasoline.**

NEWMA recommends that this item remain Informational to permit
jurisdictions time to study the proposed changes.

## 237-4 Biodiesel Fuel

**Source:** Central Weights and Measures Association (CWMA)

**Recommendation:** Amend NIST Handbook 130, Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation, Section 1.
Definitions, Section 2. Standard Fuel Specifications, and Section 3.
Classification and Method of Sale of Petroleum Products as follows:

*Section 1. Definitions*

~~1.8. Biodiesel. -- means a blend consisting of diesel fuel and a
substantial amount of esterfied animal fats and/or vegetable oil(s).~~

Replace with new definition:

**1.8. Biodiesel -- means a fuel comprised of mono-alkyl esters of long
chain fatty acids derived from vegetable oils or animal fats, designated
B100.** *(source Standard ASTM D 675.)*

**1.8.1 B20 Biodiesel --- means a blend of biodiesel and diesel fuel of
which the biodiesel portion is nominally 20 volume percent.**

*Section 2. Standard Fuel Specifications*

Add two new sections:

**B100 biodiesel shall meet the most recent version of ASTM D 6751,
Standard Specification for biodiesel Fuel (B100) Blend Stock for
Distillate Fuels**

2.13.1 Biodiesel and diesel blends shall meet the following
requirements: The base diesel fuel shall meet the requirements of ASTM
975 and the biodiesel blend stock shall meet ASTM D 6751.

2.  Exception - biodiesel may be blended with diesel fuel whose sulfur
    or aromatic levels are outside\
    Specification D 975 Grades 1-D, 2-D, and low sulfur 1-D and 2-D,
    provided the finished mixture meets pertinent national and local
    specifications and requirements for these properties.

*Section 3. Classification and Method of Sale of Petroleum Products*

Add the following new sections:

**3.13. Biodiesel**

**3.13.1. How to Identify Biodiesel. -- Biodiesel shall be identified by
the capital letter B followed by the numerical value volume percentage.
(Example: B20)**

**Retail Dispenser Labeling. -- Each retail dispenser of biodiesel shall
be labeled with the capital letter B followed by the numerical value
volume percent biodiesel and ending with the word "biodiesel." (Example:
B20 biodiesel)**

**Exemption. -- Diesel fuel containing two or less percent biodiesel is
exempted from requirements 3.13.1 and 3.13.2.**

## 237-5 E diesel

**Source: Central Weights and Measures Association (CWMA)**

**Recommendation:** To request that E diesel be added to the agenda of
the NCWM Laws and Regulations Committee as a "Developing Item\".

There is currently no consensus specification for E diesel and a
specification may need to be developed at a later date.

It may become necessary to develop retail labeling guidelines for E
diesel.

If development of specification and labeling guidelines do need to be
developed, it may become necessary to assign this effort to the
Petroleum Subcommittee or a specially selected Task Group.

**Background:** E diesel is a blend of Standard Number 2 diesel fuel
containing up to 15 percent ethanol by volume. The blend also contains
0.2 to 5.0 percent by volume proprietary additives to maintain certain
fuel properties and blend stability.

E diesel is already being sold commercially for numerous off-road
applications and is being used in several on-road demonstration fleets.
Currently E diesel does not have to conform to any specification
designating properties.

A group of E diesel stakeholders have formed the E diesel Consortium to
address the many technical and regulatory issues with this fuel. The E
diesel Consortium made a presentation at the 2002 CWMA Annual Meeting.
The CWMA Chairman sent a letter to the NCWM Chairman to alert the
Conference leadership of this issue and the potential need for action.

The E diesel Consortium has also approached ASTM about developing an E
diesel specification. The Consortium is concerned that without a
detailed minimum specification that it could be possible to sell diesel
ethanol blends which are of insufficient quality for their intended use.

At the CWMA Interim Meeting in September 2002, E diesel Consortium
representative Robert Reynolds provided an update on the activities of
the E diesel Consortium and asked that CWMA's L & R Committee request E
diesel be put on the NCWM's L & R Committee agenda as a "Developing
Item."

## 237-6 Nozzle Requirements for Diesel Fuel

**Source:** Central Weights and Measures Association (CWMA)

**Recommendation:** Amend NIST Handbook 130, Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation, Section 3.
Diesel Fuel, as follows:

**Diesel Fuel**

**3.3.X. Nozzle Requirements for Diesel Fuel. \-- Each dispensing device
from which diesel fuel is sold shall be equipped with a nozzle spout
having a terminal end with an outside diameter of not less than 23.63 mm
(0.930 in).**

(Effective date to be determined by the NCWM L&R Committee.)

## 237-7 Premium Diesel, Single Definition

**Source:** Southern Weights and Measures Association (SWMA)

**Background:** The Southern Weights and Measures Association (SWMA)
summarized its proposed changes to the Uniform Engine Fuels, Petroleum
Products and Automotive Lubricants Regulation. The changes are to delete
the energy content and fuel injector cleanliness requirement.

Justification for changes:

A single definition for premium fuel is imperative for this rule to gain
acceptance by states as a true premium definition. NCWM passed this
definition under the assurance that the Working Group (WG) would
continue to monitor and work toward a better solution. The SWMA believes
that action must be taken based on ASTM occurrences, recently reviewed
survey data, and work group discussions that have included engine
manufacturing representatives.

Thermal Stability -- Engine manufactures have expressed that a standard
of 80 percent should provide an adequate fuel. No recommended change to
this value from the premium diesel work group. Data reviewed indicates
this value should be achievable in most cases.

Energy Content -- Fungible issues continue to exist. Lowering the value
and leaving a low energy content as a core requirement would not
accomplish our goal. Engine manufacturer representatives have indicated
removing the requirement would be satisfactory.

Fuel Injector Cleanliness, along with the cafeteria approach, has been a
very controversial component of this definition. The commitment to the
NCWM to monitor the progress of the L 10 as an ASTM test method is to
report officially to the NCWM that the ASTM effort to pass this method
has failed and the ASTM L 10 Surveillance Panel has dissolved. Even
without the cost factor, the test can no longer be run. If a laboratory
were to offer the test and a failure was cited, it is likely that the
cited party would be able to successfully contest the results from a
test that has no controls. Unfortunately, the criteria of detergency,
which may well provide a benefit to the end user, can no longer be used.

**Recommendation:** Amend NIST Handbook 130, Uniform Engine Fuels,
Petroleum Products, and Automotive Lubricants Regulation, Section 2
Standard Fuel Specifications, Subsection 2.2.1. Premium Diesel Fuel, as
follows:

**Premium Diesel Fuel**

**~~(a) Energy Content ‑ A minimum energy content of 38.65 MJ/L, gross
(138 700 BTU/gallon, gross) as measured by ASTM Standard Test Method D
240.~~**

**~~(b)~~ [(a.)]{.underline} Cetane Number ‑ A minimum cetane number of
47.0 as determined by ASTM Standard Test Method**

**D 613.**

**~~(c)~~ [(b.)]{.underline} Low Temperature Operability ‑ A cold flow
performance measurement which meets the ASTM D 975 tenth percentile
minimum ambient air temperature charts and maps by either ASTM Standard
Test Method D 2500 (Cloud Point) or ASTM Standard Test Method D 4539
(Low Temperature Flow Test, LTFT). Low temperature operability is only
applicable October 1 ‑ March 31 of each year.**

**~~(d)~~ [(c.)]{.underline} Thermal Stability ‑ A minimum reflectance
measurement of 80 percent [as determined by ASTM Standard Test Method D
6468]{.underline} ~~using a green filter in the Octel America\'s Test
Method No. F21‑61~~ (180 min, 150 °C).**

**~~(e) Fuel Injector Cleanliness ‑ A Coordinating Research Council
(CRC) rating of 10.0 or less and a flow loss of 6.0 percent or less as
determined by the Cummins L‑10 Injector Depositing Test.~~**

**~~1. When a fuel uses a detergent additive to meet the requirement,
upon the request of the Director, the fuel marketer shall provide test
data indicating the additive being used has passed the Cummins L‑10
Injector Depositing Test requirements when combined with Caterpillar 1‑K
(CAT 1‑K) reference fuel. The Director may also request records or
otherwise audit the amount of additive being used to ensure proper
treatment of fuels according to the additive manufacturer\'s recommended
treat rates.~~**

**~~1.1. Upon the request of the Director, the fuel marketer shall
provide an official \"Certificate of Analysis\" of the physical
properties of the additive.~~**

**~~1.2. Upon the request of the Director, the fuel supplier shall
provide a sample of detergent additive in an amount sufficient to be
tested with CAT 1‑K reference fuel in a Cummins L‑10 Injector Depositing
Test. The regulatory agency requesting the sample shall be responsible
for all costs of testing.~~**

**~~2. When a fuel marketer relies on the inherent cleanliness of the
diesel fuel to pass the Cummins L‑10 Injector Depositing Test or if the
fuel requires a lower detergent additive level than the amount required
when the additive is used with the CAT 1‑K reference fuel, the fuel
marketer shall provide, upon the request of the Director, annual test
results from an independent laboratory that confirms the fuel meets the
requirements of 2.2.1. (e). The time of fuel sampling and testing shall
be at the Directors discretion. The Director may witness the sampling of
the fuel and the sealing of the sample container(s) with security seals.
The Director may request confirmation from the testing laboratory that
the seals were intact upon receipt by the laboratory. The final test
results shall be provided to the Director. All costs for sampling,
transporting, and testing shall be the responsibility of the fuel
supplier. If the annual test complies, any additional testing at the
request of the Director shall be paid for by the regulatory agency.~~**

**~~(Added 1998) (Amended 1999)~~**

**3.3.3. Labeling Properties of Premium Diesel \-- All retail dispensers
identified, as premium diesel must display ~~either~~ [a label as
outlined below: ]{.underline}**

**1. A label that includes all qualifying parameters as specified in
2.2.1. Premium Diesel Fuel affixed to each retail dispenser [meeting the
following specifications:]{.underline} ~~The label shall include a
series of check blocks clearly associated with each parameter. The boxes
for the parameters qualifying the fuel must be checked. All other boxes
shall remain unchecked. The marketer may check as many blocks as apply,
or,~~**

**~~2. A label that includes only the parameters selected by a marketer
to meet the premium diesel requirements as specified in 2.2.1. Premium
Diesel Fuel. In either case, the label must display the following
words:~~**

**\"Premium Diesel Fuel\" in a type at least 12 millimeters (2 inches)
in height by 1.4 millimeters (1/16 inch) stroke (width of type.)**

**~~When applicable, as determined by the label option and qualifying
parameters chosen by the marketer,~~ the label must also display the
following information and letter type size:**

**The words ~~\"Energy Content,\"~~ \"Cetane Number,\" \"Low Temperature
Operability,\" \"Thermal Stability,\" ~~and \"Fuel Injector
Cleanliness\"~~ in a type at least 6 millimeters (1/4 inch) in height by
0.75 millimeter (1/32 inch) stroke (width of type.)**

**~~A declaration of the minimum Energy Content (minimum 38.65 MJ/ L
gross \[138 700 BTU/gallon\]), if energy content is chosen as a
qualifying parameter, in type at least 3 millimeters (1/8 inch) in
height by 0.4 millimeter (1/64 inch) stroke (width of type.)~~**

**The minimum cetane number guaranteed (at least 47.0) ~~if cetane
number is chosen as a qualifying parameter,~~ in a type at least 3
millimeters (1/8 inch) in height by 0.4 millimeter (1/64 inch) stroke
(width of type.)**

**The date range of low temperature operability enhancement, (e.g.,
October ‑ March,) along with the qualifying test method (ASTM D 4539 or
ASTM D 2500), if low temperature operability is chosen as a qualifying
parameter, in a type at least 3 millimeters (1/8 inch) in height by 0.4
millimeter (1/64 inch) stroke (width of type).**

**~~For Example:~~**

+-----------------------------------------------------------------------+
| **~~Premium Diesel Fuel~~**                                           |
|                                                                       |
| **~~High Energy Content ~~**                                         |
|                                                                       |
| **~~Cetane Number, 47.0 min ~~**                                     |
|                                                                       |
| **~~Low Temperature Operability (Oct.-Mar.,LTFT) ~~**                |
|                                                                       |
| **~~Thermal Stability ~~**                                           |
|                                                                       |
| **~~Fuel Injector Cleanliness ~~**                                   |
+-----------------------------------------------------------------------+

**~~or~~**

+-----------------------------------------------------------------------+
| **~~Premium Diesel Fuel~~**                                           |
|                                                                       |
| **~~Cetane Number, 47.0 min~~**                                       |
|                                                                       |
| **~~Low Temperature Operability (Oct.-Mar., LTFT)~~**                 |
|                                                                       |
| **~~Thermal Stability~~**                                             |
+-----------------------------------------------------------------------+

**The label must be conspicuously displayed on the upper‑half of the
product dispenser front panel in a position that is clear and
conspicuous from the driver's position.**

**(Added 1998) (Amended 1999)**

**7.1.1. Premium Diesel -The following test methods shall be used to
determine compliance with the applicable premium diesel parameters:**

**~~(a) Energy Content ‑ ASTM D 240~~**

**~~(b)~~ [(a.)]{.underline}Cetane Number ‑ ASTM D 613**

**~~(c)~~ [(b.)]{.underline} Low Temperature Operability ‑ ASTM D 4539
or ASTM D 2500 (according to marketing claim)**

**~~(d)~~ [(c.)]{.underline} Thermal Stability ‑ ~~Octel America F21‑61
(180 min, 150 EC)~~ [ASTM D 6468.]{.underline}**

**~~(e) \*Fuel Injector Cleanliness ‑ The most recent edition of the
Cummins L‑10 Injector Depositing Test as endorsed by the ASTM L‑10
Injector Depositing Test Surveillance Panel.~~**

**~~\* Upon ASTM approval of [a]{.underline} standard test methods that
are [is]{.underline} derived from the above referenced methods, the ASTM
standard test methods shall be used to determine compliance with the
applicable premium diesel parameter.~~**

**(Amended 1999)**

# 239 Price Verification

## 239-1 Amend NIST Handbook 130, Examination Procedure for Price Verification, Section 6.2

**Source:** Western Weights and Measures Association (WWMA)

**Background:** While the definition of a point-of-sale system includes
a requirement for a weighing and measuring device and requires
indications to be visible in a direct sale (NIST Handbook 44,
G-UR.3.3.), legal council for Sherwin-Williams reasoned that cash
registers and computer monitors that do not incorporate a weighing or
measuring device are not subject to the requirement that states the
indication must be visible to a consumer. Although this interpretation
is correct, the WWMA recommends that we should standardize the practice
of consumers having access to price information as the transaction is in
progress. Consumers would then be able to instantly confirm prices,
businesses could correct incorrect prices during the transaction, and
the benefit of correct prices and time saved would help everyone
involved. Many businesses that use cash registers or computer monitors
currently have remote indicators that meet the requirements, and for the
ones that do not, technology and equipment is available to provide such
indications at an affordable price.

**Recommendation:** Modify NIST Handbook 130, Examination Procedure for
Price Verification, Section 6, Inspection 6.2 Other (a) add: **[A cash
register or computer monitor used to list and total customer purchases
must be positioned so that its indications may be observed from a
reasonable customer location and or have a remote indicator display so
that its indications may be observed from a reasonable customer
location.]{.underline}**

**Comments:** The SWMA considered this situation to be a timely issue,
but there is concern whether or not this is a weights and measures
problem. Additionally, there are concerns whether or not Publication 19
is the appropriate place to put this requirement if it is considered a
weights and measures problem. The scope of this requirement is very
broad and would impact a wide range of retail establishments, which may
not come under the jurisdiction of weights and measures authorities
since the systems may not be attached to a scale or a meter.

# 250 NIST Handbook 133

## 250-1 Amend NIST Handbook 133, 4th Edition, Chapter 2, Section 2.3

**Source:** Western Weights and Measures Association (WWMA)

**Background:** NIST Handbook 133, 4^th^ Edition, Chapter 2, Section 2.2
states that a scale/balance having a "scale division no larger than 1/6
of the Maximum Allowable Variation (MAV) for the package size being
weighed" is required to test product. The example used to illustrate
this concept on page 7 uses a 0.002 lb scale division as the largest
unit of measure appropriate for weighing these packages. The existing
examples on pages 11, 12 and 16 are not consistent with the requirements
of Section 2.2 and should be modified. In addition to the device
suitability requirement, the reason for recording package errors in
terms of "units of measure/dimensionless units" is to simplify and
reduce computation errors. WWMA believes that the examples on pages 11,
12 and 16 are unnecessarily restrictive in that they require the use of
the smallest scale division without any consideration to the weight of
the package, the size of the errors or the graduations of the scale
being used. For example, in a recent series of inspections, shortages as
large as 12 pounds were found for 60 lb bags of concrete mix. The scale
used to conduct the inspection had a minimum division of 0.002 lb, which
would require the package errors to be recorded in a unit of measure of
0.001 lb. The recorded errors (in dimensionless units) for these
inspections were as large as 12 000. Use of a larger unit of measure
that met the MAV/6 requirement (MAV = 2 % of labeled quantity or 1.2 lb,
MAV 6 = 0.2 lb) would not have affected the results of the inspection.

**Recommendation:** Amend NIST Handbook 133, pages 11 and 12, the second
and third "Example" contained in the question "How are the specific
steps of the Basic Test Procedure and document the inspection
identified?" and amend the "Example" on page 16 contained in the
question "How are individual package errors determined for the tare
sample packages?" as follows:

Pages 11 and 12

**Example:** **If the net weight declared on a package is 1 lb, the
metric equivalent (accurate to six significant digits) is 453.592 g. Do
not round down or truncate values in the calculations until the nominal
gross weight is determined and recorded. If the package is also labeled
454 g. then the metric declaration is larger than the inch-pound
declaration and should be used to verify the net contents of the
package. The Basic Test Procedure does not prohibit the use of units of
weight instead of dimensionless units when recording package errors, nor
does it prohibit the use of net content computer programs to determine
product compliance. Record the unit of measure in box 2. The unit of
measure ~~is the minimum division of the unit of measurement used to
conduct the test. If a scale is used that reads to thousandths of a
pound, the unit of measure is 0.001 lb even if the scale division is
0.002 lb or 0.005 lb,~~ should be less than or equal to MAV/6.**

**Example: ~~If the scale has a scale division of 0.5 g, the unit of
measure is 0.1 g. If a weighed package that has an error of "-0.5 g,"
record the error as "-5" using the dimensionless units." If the scale
indicates in increments of 0.002 lb, the unit of measure is 0.001 lb. If
a weighed package has an error of "0.016," record the error as "16"
using "dimensionless units."~~ [The MAV for packages labeled 2.50 lb is
0.086 lb (see Table 2-5). The MAV/6 is 0.014 lb. If using a scale that
reads in hundredths of a pound, the largest appropriate unit of measure
should be 0.01 lb. If the scale division is in thousandths of a pound,
the unit of measure may be 0.001, 0.002, or 0.005 lb.]{.underline} When
using dimensionless units, multiply package errors by the unit of
measure to obtain the package error in weight.**

Page 16

**Example: ~~If weighing in 0.001 increments, the unit of measure is
also 0.001 lb~~. [If the unit of measure]{.underline} [is 0.001 lb
*and*]{.underline} ~~If~~ the package error for the first package opened
for tare is +0.008 lb, instead of recording 0.008 lb in the plus column,
record the error as "8" in the plus column. If the second package error
is +0.060 lb, record the package error as "60" in the plus column, and
so on. (This section does not prohibit the use of units of weight
instead of dimensionless units or computer programs.)**

**Comments:** Although there may be some benefits to clarifying the
language of Handbook 133 for this information, the SWMA is not convinced
that the proposed language is needed or justified to revise the Handbook
at this time.

## 250-2 Amend NIST Handbook 133, 4th Edition, Chapter 2, Section 2.2

**Source:** Western Weights and Measures Association (WWMA)

**Background:** The WWMA reports that the test procedures in NIST
Handbook 44 are designed for commercial weighing and measuring devices.
A scale, when used by an official to inspect/test the net content of
packaged goods, is in effect a comparator with mass standards. As
currently written in NIST Handbook 133, the scale test requirements and
the frequency that they are tested are unnecessarily time-consuming and
onerous on the regulatory official. The requirements alone to determine
if the scale is functioning correctly. This proposal simplifies the
verification procedure and allows the official some flexibility. The
requirement to hold the scale to tolerances to one-half scale divisions
is difficult to determine under field conditions. The proposal to hold
tolerances to whole divisions is reasonable bearing in mind that mass
standards will determine any error that could then be corrected during
the weighing operation.

**Recommendation:** Amend the scale test in NIST Handbook 133, 4^th^
Edition, Chapter 2, Section 2.2, Measurement Standards and Test
Equipment, as follows:

***How often should I verify the accuracy of a scale?***

**Verify the accuracy of a scale before each initial daily use, each use
at a new location, or when there is any indication of abnormal equipment
performance (e.g., erratic indications). ~~Recheck the scale accuracy if
it is found that the lot does not pass, so there can be confidence that
the test equipment is not at fault.~~**

***Which accuracy requirements apply?***

**Scales used to check packages must meet the ~~acceptance~~ tolerances
~~specified~~ for their [test load and]{.underline} accuracy class
[specified]{.underline} in [Table 1-2]{.underline} ~~the current edition
of NIST Handbook 44, "Specifications, Tolerances, and Other Technical
Requirements for Weighing and Measuring Devices" (NIST HB 44). The
tolerances for Class II and Class III digital scales are presented in
Section 2.20. Scales, in NIST HB 44.~~**

***In testing, which tolerances apply to the scale?***

  ----------------------- ----------------------- -----------------------
  **Table 1-2                                     
  ~~Acceptance~~                                  
  Tolerances for Class of                         
  Scales based on Test                            
  Load in Divisions**                             

  **Test Load in                                  **Tolerance**
  Divisions**                                     

  **Class II Scale**      **Class III Scale**     

  **0 to 5 000**          **0 to 500**            **Plus or Minus
                                                  [1]{.underline} ~~0.5~~
                                                  Division**

  **5 001 to 20 000**     **501 to 2 000**        **Plus or Minus 1
                                                  Division**

  **20 001 or more**      **2 001 to 4 000**      **Plus or Minus
                                                  [2]{.underline} ~~1.5~~
                                                  Divisions**

  **Not Applicable**      **4 001 or more**       **Plus or Minus
                                                  [3]{.underline} ~~2.5~~
                                                  Divisions**
  ----------------------- ----------------------- -----------------------

**Do not use a scale if it has an error that exceeds the [Table
1-2]{.underline} ~~specified~~ tolerance in any of the performance tests
described in the following section.**

***Which performance tests should be conducted to ensure the accuracy of
a scale?***

**Use the following procedures [and certified mass
standards]{.underline} to verify the scale. The[se]{.underline}
following procedures, [are]{.underline} based on those required in NIST
Handbook 44 [and]{.underline} have been modified to reduce the amount of
time required for testing scales in field situations.**

***Increasing-Load Test***

**~~Use certified mass standards to conduct~~ [Conduct]{.underline} an
"increasing-load test" with all test loads centered on the
load-receiving element. Start the test with the device on zero and
progress with increasing test loads to a "maximum test load" of at least
10 percent more than the gross weight of the packages to be tested. Use
at least three different test loads of approximately equal value to test
the device up to the "maximum test load~~.~~" [with an additional test
load approximately equal to the average package tare
weight]{.underline}. Verify the accuracy of the device at each test
load. ~~Include the package tare weight as one of the test points.~~**

***Decreasing-Load Test***

**~~For all types of scales, other than one~~ [Except for equal-arm
balances or scales]{.underline} with a beam indicator ~~or equal-arm
balance~~, conduct a "decreasing-load test" with all test loads centered
on the load-receiving element. Use the same test loads used in the
"increasing-load test" of this section, and start at the "maximum test
load." Remove the test loads in the reverse order of the increasing-load
test until all test loads are removed. Verify the accuracy of the scale
at each test load.**

***Shift Test***

**Use a test load equal to one-half of the "maximum test load" used for
the "increasing-load test." ~~For bench scales (see Diagram 1) place.~~
Place the test load [as indicated in diagrams 1 or 2 below.]{.underline}
~~in the center of four separate quadrants, equidistant between the
center and edge of the load-receiving element and determine the accuracy
in each quadrant for equal-arm balances. For example, where the
load-receiving element is a rectangular or circular shape, place the
test load in the center of the area represented by the shaded boxes in
the following diagrams.~~ [For each position of the test load, verify
the accuracy of the scale.]{.underline}**

**Comments:** The tolerances for package checking scales have been in
Handbook 133 for approximately 15 years. There appears to be a consensus
among SWMA members that the scales used for regulatory inspection should
be held to tight tolerances when checking packages. These tolerances
have been acceptable for many years. Following the guidelines of
Handbook 133 results in a high level of confidence in the inspection
results. The SWMA does not want to see the level of confidence
diminished by increasing the tolerances for package inspection scales.
Consequently, the SWMA recommends maintaining the existing tolerances
for package inspection scales as currently stated in Handbook 133.

## 250-3 Amend NIST Handbook 133, 4th Edition, Chapter 1, Section 1.2

Source: **Northeastern Weights and Measures Association (NEWMA)**

**Recommendation:** Amend the section "**Why allow for moisture loss or
gain?"** discussion in section 1.2 Package Requirements on page 4 as
follows:

[]{.mark}

**Why allow for moisture loss or gain?**

**Some packaged products may lose or gain moisture and, therefore, lose
or gain weight or volume after packaging. The amount of lost moisture
depends upon the nature of the product, the packaging material, the
length of time it is in distribution, environ­mental conditions, and
other factors. Moisture loss may occur even when manufacturers follow
good distribution practices. Loss of weight "due to ex­posure" may**
![](media/image1.png){width="2.888888888888889in"
height="1.645138888888889in"}**include solvent evaporation, not just
loss of water. [Note that allowances for loss or gain of moisture only
apply to packages of commodities where the moisture has no value to the
consumer (See Jones vs Rath).]{.underline}**

[]{.mark}

![](media/image2.png){width="2.888888888888889in"
height="1.636111111111111in"}**For loss or gain of moisture,
[you]{.underline} apply the moisture allowances to the maximum allowable
variations permitted for individual packages and to the average net
quantity of contents be­fore determining the conformance of a lot. [You
may apply the allowance before measuring the package errors or after.
When applying the allowance before the measurements you essentially
correct each package back to theoretical weight at time of pack, see
Figure 1 at right. When applying the allowance after measuring the
package errors, you correct the MAV and SEL to recognize the moisture
loss as in Figure 2 at right. You can find specific directions for
applying the allowances in tests in Section 2.3.]{.underline}**

**This handbook provides "moisture allowances" for some meat and poultry
products, flour, and dry pet food (see "Moisture Allowances" in Chapter
2). These allowances are based on the premise that when the average net
weight of a sample is found to be less than the labeled weight, but not
by an amount that exceeds the allowable limit, either the lot is
declared to be within the moisture**

## 250-4 Amend NIST Handbook 133, 4th Edition, Chapter 2, Section 2.3

**Source:** Northeastern Weights and Measures Association (NEWMA)

**Recommendation:** NEWMA proposes deleting the current "M**oisture
Allowances"** discussion in section 2.3 Basic Test Procedure, on pages
17 through 19 and replacing it as follows:

**[Moisture Allowances]{.underline}**

**What products have an established moisture allowance?**

**Flour and dry pet food have a moisture allowance of 3 percent of the
labeled net weight. Note: Dry pet food means all extruded dog and cat
foods and baked treat products packaged in kraft paper bags and/or
cardboard boxes with a moisture content of 13 percent or less at the
time of pack.**

**Meat and poultry products from a USDA-inspected plant are permitted no
moisture allowance when tested under a Category A sampling plan with
Used Dry Tare.**

[]{.mark}

**Meat and poultry products from a USDA-inspected plant are permitted
the following moisture allowances when tested under a Category A
sampling plan with Wet Tare. Note: When there is free flowing liquid or
absorbent packaging materials in contact with the product, all free
liquid is part of the wet tare.**

**For packages of fresh poultry that bear a USDA seal of inspection, the
moisture allowance is 3 percent of the labeled net weight. For net
weight determinations only, fresh poultry is defined as poultry above 3
ºC (26 ºF). This is a product that yields or gives when pushed with the
thumb.**

**For packages of franks or hotdogs that bear an USDA seal of
inspection, the moisture allowance is 2.5 percent of the labeled net
weight.**

**For packages of bacon, fresh sausage, and luncheon meats that bear a
USDA seal of inspection, there is no moisture allowance if there is no
free-flowing liquid or absorbent materials in contact with the product
and the package is cleaned of clinging material. Luncheon meats are any
cooked sausage product, loaves, jellied products, cured products, and
any sliced sandwich style meat. This does not include whole hams,
briskets, roasts, turkeys, or chickens requiring further preparation to
be made into ready-to-eat sliced product. When there is no free-flowing
liquid inside the package and there are no absorbent materials in
contact with the** **product, Wet Tare and Dried Used Tare are
equivalent.**

[]{.mark}

**These allowances are based on the premise that when the average net
weight of a sample is found to be less than the labeled weight, but not
by an amount that exceeds the allowable limit, either the lot is
declared to be within the moisture allowance, or more information must
be collected before deciding lot compliance or noncompliance.**

**How do you determine the allowance for products without an established
moisture allowance?**

**For any product subject to moisture loss/gain, you may determine the
appropriate moisture loss allowance based on a valid, scientific study.
You may not use arbitrarily chosen allowances for moisture loss/gain.
Many packers have conducted studies that they can provide in support of
any claim that the product lost/gained moisture. Any such study should
have included a variety of environments that simulate the potential
distribution chains that could be encountered. You may use the moisture
loss limits found in such study as an allowance in a compliance test.**

***What is the accepted method to determine the actual moisture loss for
a lot?***

**Where the packer measures and records the moisture content of product
in each lot, you may request a copy of that data to be compared to the
moisture content of the product offered for sale. You must select a
random sample of the product offered for sale and have it tested for
moisture content using a scientifically verified test procedure e.g.
like those in the Official Methods of Analysis of the Association of
Official Analytical Chemists (See Appendix D). The actual moisture loss
is calculated as the moisture content (%) at time of pack minus moisture
content (%) at time of sale. Use the difference obtained to calculate
the actual moisture loss for the lot by multiplying it times the label
quantity. Use this as the moisture allowance in the official test. In
the case of moisture gain, this value will be a negative number.**

**[Calculations]{.underline}**

[]{.mark}

***How do you apply a moisture allowance when conducting a test?***

**Moisture allowances may be applied either prior to testing or after
testing. These two methods are mathematically equivalent means of
adjusting both the individual package errors and the sample average. It
is common practice to apply the moisture correction prior to the test
for those products with established moisture allowances like flour and
dry pet food. In most other cases the correction is made after the test
since moisture loss data will probably be obtained as part of the
follow-up investigation after the initial test has failed.**

**To compute the moisture loss allowance prior to testing, you correct
the nominal gross weight in box 14 for moisture loss. Find the value of
the allowance by multiplying the labeled quantity by the decimal percent
value of the allowance. Enter this value in box 13a on the form. The
nominal gross weight is found by adding the average tare (box 13) to the
label quantity (box 1) and subtracting the moisture allowance (box 13a).
Lot compliance is evaluated in the normal way using decision criteria in
boxes 16 and 24 on the report form.**

**Example: Labeled quantity of a bag of flour is 2 lb and average tare
is 0.04 lb (box 13)**

**Moisture Allowance is 3 percent (0.03) of 2 lb = 0.06 lb**

***Nominal Gross Wt. = 2 lb + 0.04 lb -- 0.06 lb = 1.98 lb record this
value in box 14.***

[]{.mark}

**To compute the moisture loss allowance after testing, you correct only
the MAV and SEL for moisture loss. Perform your initial test with no
moisture allowance in box 13a. When moisture loss data becomes
available, find the value of the allowance by multiplying the labeled
quantity by the decimal percent value of the moisture loss or allowance.
Lot compliance is evaluated using decision criteria in boxes 16 and 24
on the report form and the moisture corrected MAV and SEL
respectively.**

**Example: Labeled quantity of a package of rice is 2 lb, average tare
is 0.04 lb (box 13), MAV (box 3) is 0.07 lb, and SEL (box 23) is 0.023
lb.**

**Moisture content at time of pack was 13.4 % (packer data)**

**Moisture content at time of sale is 10.6 % (lab data)**

**Moisture loss is (13.4 % to 10.6 %) = 2.8 %**

**Moisture allowance is 0.028 x 2 lb = 0.056 lb**

**Moisture Corrected MAV is 0.07 lb + 0.056 lb = 0.126 lb -- Compare
each package error measured in the initial test to this moisture
corrected MAV using criteria in box 16.**

**Moisture Corrected SEL is 0.023 lb + 0.056 lb = 0.079 lb -- Compare
the sample average error in the initial test to this moisture corrected
SEL using criteria in box 24.**

[]{.mark}

**Justifications:** The products that have an established moisture
allowance should be clearly stated. Currently the Handbook only poses
the question "What is the moisture allowance for flour and dry pet
food?" it does not state if any other products have a moisture
allowance. In addition, the handbook gives no guidance on what to do for
products that do not have an established moisture allowance.

The "Calculations" section on page 18 is confusing and does not
distinguish between applying a moisture allowance before or after
testing. We feel that the current method of comparing the moisture
allowance to the difference between the average error and the SEL is
confusing. Simply adjusting the SEL with the moisture allowance is
easier and more in line with how the MAV is corrected (see graphs on
first page).

[]{.mark}

The current Handbook does not address commodities that are packed in
sealed containers or how to treat commodities packed on the premises.
NEWMA requests guidance from the L&R Committee on these two items.

# 260 Other Items

## 260-1 Enhanced Product -- USDA/FSIS Meat and Poultry Products

**Source:** Central Weights and Measures Association (CWMA)

**Comments:** Last year the L&R Committee recommended and the NCWM
adopted a proposal to form an Enhanced Product Working Group. This
Working Group was not established as of the 2002 Interim Meeting. The
Western Weights and Measures Association (WWMA) recommended that the
Enhanced Product Working Group propose a plan and scope of action for
consideration by the NCWM. The WWMA and the Southern Weights and
Measures Association (SWMA) encourage the Working Group to invite
participants from USDA, industry, and other interested parties.

The Central Weights and Measures Association (CWMA) formed a small
committee to develop recommendations for the formation of the working
group with the goal of providing those recommendations to the NCWM
Chairman and the NCWM Laws and Regulations Committee Chairman in advance
of the 2002 NCWM Interim Meeting. Henry Oppermann, Chief, NIST Weights
and Measures Division, provided copies of a previous NCWM study group
protocol to assist in the development of this item.

The NCWM National Laws and Regulations Committee voted to maintain this
item as "Informational" pending the proposed formation of an Enhanced
Product Working Group by the NCWM Board of Directors.

**Comments:** Mike Pinagel, Michigan Department of Agriculture, Weights
and Measures, reported to the CWMA that collected data on this subject
had been forwarded to Kurt Floren, San Diego County, California, who has
been appointed to lead this effort.

The WWMA recommends that this item remain "Informational" to allow the
NCWM, Board of Directors time to determine the appropriate direction
regarding this item.

Dennis Johannes, California, Chairman

V. Dempsey, Montgomery County, Ohio

E. Price, Texas

J. Gomez, New Mexico

J. Cassidy, Cambridge, Massachusetts

Associate Membership Committee Representation: C. Guay, Proctor & Gamble
Company

Petroleum Subcommittee: Randy Jennings, Tennessee, Chairman

Canadian Technical Advisor: B. Lemon

NIST Technical Advisor: T. Coleman

NIST Technical Advisor on the Uniform Regulation for National Type
Evaluation: T. Butcher

**Laws and Regulations Committee**

# APPENDIX A

**Recommendation for 237-2**

**Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants
Regulation**

as adopted by

The National Conference on Weights and Measures\*

**1. Background**

In 1984, the National Conference on Weights and Measures adopted a
section (2.20.) in the Uniform Regulation for the Method of Sale of
Com­modities requiring that motor fuels con­taining alcohol be labeled to
disclose to the retail purchaser that the fuel contains alcohol. The
delegates deemed this action necessary since motor vehicle manufac­turers
were qualify­ing their warranties with respect to some gasoline-alcohol
blends, motor fuel users were complaining to weights and measures
officials about fuel quality and vehicle performance, and the American
Society for Testing and Materials (ASTM) had not yet finalized quality
standards for oxy­genated (which includes alcohol-containing) fuels.
While many argued that weights and measures officials should not cross
the line from quantity assurance programs to programs regulating
quality, the delegates were persuaded that the issue needed im­mediate
attention.

A Motor Fuels Task Force was appointed in 1984 to develop mechanisms for
achieving uniformity in the evalu­ation and regu­lation of motor fuels.

The Task Force developed the Uniform Motor Fuel Inspection Law (see the
Uniform Laws section of this Handbook) and the Uniform Motor Fuel
Regulation to accompany the Law.

The recommended Law required registration and certification of motor
fuel as meeting ASTM standards. The regulation defined the ASTM
standards to be applied to motor fuel.

In 1992 the NCWM established the Petroleum Subcommittee under the Laws
and Regulations Committee. The subcommittee recommended major revisions
to the Regulation that was adopted at the 80th NCWM in 1995. The scope
of the regulation was expanded to include all engine fuels, petroleum
products, and automotive lubricants; its title was changed accordingly;
and the fuel specifications and method of sale sections were revised to
address the additional products. Other changes included expansion of the
definitions section and addition of sections on retail storage tanks,
condemned product, registration of engine fuels designed for special
use, and test methods and reproducibility limits.

**2. Status of Promulgation**

The Uniform Regulation for Engine Fuels, Petroleum Products, and
Automotive Lubricants was adopted by the Conference in 1995. The sta­tus
of State actions with respect to this Regulation is shown in the table
beginning on page 8.

**Table of Contents**

**Section Page**

1\. Definitions ~~135~~ [134]{.underline}

1.1. ASTM ~~135~~ [134]{.underline}

1.2. Antiknock Index (AKI) ~~135~~ [134]{.underline}

> [1.3 Automatic Transmission Fluid]{.underline} ~~135~~
> [134]{.underline}

~~1.3~~. [1.4]{.underline} Automotive Fuel Rating ~~135~~
[134]{.underline}

~~1.4.~~ [1.5]{.underline} Automotive Gasoline, Automotive
Gasoline-Oxygenate Blend ~~135~~ [134]{.underline}

~~1.5.~~ [1.6]{.underline} Aviation Gasoline ~~135~~ [134]{.underline}

~~1.6.~~ [1.7]{.underline} Aviation Turbine Fuel ~~135~~
[134]{.underline}

~~1.7.~~ [1.8]{.underline} Base Gasoline ~~135~~ [134]{.underline}

~~1.8.~~ [1.9]{.underline} Biodiesel ~~135~~ [134]{.underline}

~~1.9.~~ [1.10]{.underline} Cetane Index ~~135~~ [134]{.underline}

~~1.10~~. [1.11]{.underline} Cetane Number ~~135~~ [134]{.underline}

~~1.11~~. [1.12]{.underline} Compressed Natural Gas (CNG) ~~135~~
[134]{.underline}

~~1.12.~~ [1.13]{.underline} Denatured Fuel Ethanol ~~136~~
[135]{.underline}

~~1.13~~. [1.14]{.underline} Diesel Fuel ~~136~~ [135]{.underline}

~~1.14~~. [1.15]{.underline} Distillate ~~136~~ [135]{.underline}

~~1.15~~. [1.16]{.underline} EPA ~~136~~ [135]{.underline}

~~1.16~~. [1.17]{.underline} E85 Fuel Ethanol ~~136~~ [135]{.underline}

~~1.17~~. [1.18]{.underline} Energy Content ~~136~~ [135]{.underline}

~~1.18.~~ [1.19]{.underline} Engine Fuel ~~136~~ [135]{.underline}

~~1.19~~. [1.20]{.underline} Engine Fuels Designed for Special Use
~~136~~ [135]{.underline}

~~1.20~~. [1.21]{.underline} Ethanol ~~136~~ [135]{.underline}

~~1.21~~. [1.22]{.underline} Fuel Injector Cleanliness ~~136~~
[135]{.underline}

~~1.22~~. [1.23]{.underline} Fuel Oil ~~136~~ [135]{.underline}

~~1.23~~. [1.24]{.underline} Gasoline ~~136~~ [135]{.underline}

~~1.24~~. [1.25]{.underline} Gasoline-Alcohol Blend ~~136~~
[135]{.underline}

~~1.25~~. [1.26]{.underline} Gasoline Gallon Equivalent (GGE) ~~136~~
[135]{.underline}

~~1.26~~. [1.27]{.underline} Gasoline Liter Equivalent (GLE) ~~136~~
[135]{.underline}

~~1.27~~. [1.28]{.underline} Gasoline-Oxygenate Blend ~~137~~
[136]{.underline}

[1.29.]{.underline} [Gear Oil]{.underline} ~~137~~ [136]{.underline}

~~1.28~~. ~~[1.29]{.underline}~~ [1.30]{.underline} Kerosene ~~137~~
[136]{.underline}

~~1.29~~. ~~[1.30]{.underline}~~ [1.31]{.underline} Lead Substitute
~~137 [136]{.underline}~~

~~1.30~~. ~~[1.31]{.underline}~~ [1.32]{.underline} Lead Substitute
Engine Fuel ~~137~~ [136]{.underline}

~~1.31~~. ~~[1.32]{.underline}~~ [1.33]{.underline} Leaded ~~137~~
[136]{.underline}

~~1.32~~. ~~[1.33]{.underline}~~ [1.34]{.underline} Liquefied Natural
Gas (LNG) ~~137~~ [136]{.underline}

~~1.33~~. ~~[1.34]{.underline}~~ [1.35]{.underline} Liquefied Petroleum
Gas (LPG) ~~137~~ [136]{.underline}

~~1.34~~. ~~[1.35]{.underline}~~ [1.36]{.underline} Low Sulfur ~~137~~
[136]{.underline}

~~1.35~~. ~~[1.36]{.underline}~~ [1.37]{.underline} Low Temperature
Operability ~~137~~ [136]{.underline}

~~1.36~~. [1.38]{.underline} M100 Fuel Methanol ~~137~~
[136]{.underline}

~~1.37~~. [1.39]{.underline} M85 Fuel Methanol ~~137~~ [136]{.underline}

~~1.38.~~ [1.40]{.underline} Motor Octane Number ~~137~~
[136]{.underline}

[1.41. Motor Oil (Engine Oil)]{.underline} ~~137~~ [136]{.underline}

[1.42. Oil]{.underline} [137]{.underline}

~~1.39~~. [1.43]{.underline} Oxygen Content of Gasoline ~~138~~
[137]{.underline}

~~1.40~~. [1.44]{.underline} Oxygenate ~~138~~ [137]{.underline}

~~1.41~~. [1.45]{.underline} Reformulated Gasoline ~~138~~
[137]{.underline}

~~1.42~~. [1.46]{.underline} Research Octane Number ~~138~~
[137]{.underline}

~~1.43~~. [1.47]{.underline} SAE ~~138~~ [137]{.underline}

~~1.44~~. [1.48]{.underline} Substantially Similar ~~138~~
[137]{.underline}

~~1.45~~. [1.49]{.underline} Thermal Stability ~~138~~ [137]{.underline}

~~1.46~~. [1.50]{.underline} Total Alcohol ~~138~~ [137]{.underline}

~~1.47~~. [1.51]{.underline} Total Oxygenate ~~138~~ [137]{.underline}

~~1.48~~. [1.52]{.underline} Unleaded ~~138~~ [137]{.underline}

~~1.49~~. [1.53]{.underline} Wholesale Purchaser Consumer ~~138~~
[137]{.underline}

2\. Standard Fuel Specifications ~~138~~ [137]{.underline}

2.1. Gasoline and Gasoline-Oxygenate Blends ~~138~~ [137]{.underline}

2.2. Diesel Fuel ~~139~~ [138]{.underline}

2.2.1. Premium Diesel Fuel ~~139~~ [138]{.underline}

2.3. Aviation Turbine Fuels ~~140~~ [139]{.underline}

2.4. Aviation Gasoline ~~140~~ [139]{.underline}

2.5. Fuel Oils ~~140~~ [139]{.underline}

2.6. Kerosene (Kerosine) ~~140~~ [139]{.underline}

2.7. Ethanol 140

2.8. Liquefied Petroleum (LP) Gases ~~141~~ [140]{.underline}

2.9. Compressed Natural Gas (CNG) ~~141~~ [140]{.underline}

2.10. E85 Fuel Ethanol ~~141~~ [140]{.underline}

2.11. M85 Fuel Methanol ~~141~~ [140]{.underline}

[2.12. Motor Oil]{.underline} ~~141~~ [140]{.underline}

[2.13. Products for Use in Manual Transmissions, Gears, or
Axles]{.underline} ~~142~~ [140]{.underline}

[2.14. Products for Use in Lubricating Automatic
Transmissions]{.underline} ~~142~~ [141]{.underline}

Section 3. Classification and Method of Sale of Petroleum Products
~~142~~ [141]{.underline}

3.1. General Considerations ~~142~~ [141]{.underline}

3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends
~~142~~ [141]{.underline}

3.3. Diesel Fuel ~~143~~ [142]{.underline}

3.4. Aviation Turbine Fuels ~~145~~ [144]{.underline}

3.5. Aviation Gasoline ~~145~~ [144]{.underline}

3.6. Fuel Oils ~~145~~ [144]{.underline}

3.7. Kerosene (Kerosine) ~~146~~ [145]{.underline}

3.8. Fuel Ethanol ~~146~~ [145]{.underline}

3.9. Fuel Methanol ~~147~~ [145]{.underline}

3.10. Liquefied Petroleum (LP) Gas ~~147~~ [145]{.underline}

3.11. Compressed Natural Gas ~~147~~ [146]{.underline}

3.12. Liquefied Natural Gas ~~147~~ [146]{.underline}

[3.13. Oil]{.underline} ~~148~~ [146]{.underline}

[3.14. Automatic Transmission Fluid]{.underline} ~~148~~
[147]{.underline}

Section 4. Retail Storage Tanks ~~148~~ [147]{.underline}

4.1. Water in Gasoline-Alcohol Blends, Aviation Gas, and Aviation
Turbine Fuel ~~148~~ [147]{.underline}

4.2. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels ~~148~~
[147]{.underline}

4.3. Product Storage Identification 148

4.4. Volume of Product Information 148

Section 5. Condemned Product ~~149~~ [148]{.underline}

5.1. Stop Sale Order at Retail ~~149~~ [148]{.underline}

5.2. Stop Sale Order at Terminal or Bulk Plant Facility ~~149~~
[148]{.underline}

Section 6. Product Registration ~~149~~ [148]{.underline}

6.1. Engine Fuels Designed for Special Use ~~149~~ [148]{.underline}

6.2. 149

6.3. 149

6.4. 149

6.5. 149

Section 7. Test Methods and Reproducibility Limits ~~150~~
[149]{.underline}

7.1. ~~150~~ [149]{.underline}

7.2. Reproducibility Limits ~~150~~ [149]{.underline}

**Uniform Engine Fuels, Petroleum Products,**

**and Automotive Lubricants Regulation**

**1. Definitions**

**1.1. ASTM.** \-- ~~The American Society for Testing and Materials~~
[ASTM International]{.underline} means the international voluntary
consensus standards organization formed for the development of standards
on characteristics and performance of materials, products, systems, and
services; and the promotion of related knowledge.

2.  **Antiknock Index (AKI).** \-- means the

arithmetic average of the Research Octane Number (RON) and Motor Octane
Number (MON): AKI = (RON+MON)/2. This value is called by a variety of
names, in addition to antiknock index, including: octane rating, posted
octane, (R+M)/2 octane.

**[1.3.]{.underline} [Automatic Transmission Fluid.]{.underline}** [--
means a product intended for use in a passenger vehicle, other than a
bus, as either a lubricant, coolant, or liquid medium in any type of
fluid automatic transmission, or any other type of unit through which or
by which, force, energy, or power is transferred from a motor vehicle
engine by hydraulic means to the driving assembly.]{.underline}

**~~1.3.~~ [1.4.]{.underline} Automotive Fuel Rating.** \-- means the
automotive fuel rating required under the amended Octane Certification
and Posting Rule (or as amended, the Fuel Rating Rule), 16 CFR Part 306.
Under this Rule, sellers of liquid automotive fuels, including
alternative fuels, must determine, certify, and post an appropriate
automotive fuel rating. The automotive fuel rating for gasoline is the
antiknock index (octane rating). The automotive fuel rating for
alternative liquid fuels consists of the common name of the fuel along
with a disclosure of the amount, expressed as a minimum percentage by
volume, of the principal component of the fuel. For alternative liquid
automotive fuels, a disclosure of other components, expressed as a
minimum percentage by volume, may be included, if desired.

**~~1.4.~~ [1.5.]{.underline} Automotive Gasoline, Automotive
Gasoline-Oxygenate Blend.** \-- means a type of fuel suitable for use in
spark‑ignition automobile engines and also commonly used in marine and
non-automotive applications.

**~~1.5.~~ [1.6.]{.underline} Aviation Gasoline.** \-- means a type of
gasoline suitable for use as a fuel in an aviation spark-ignition
internal combustion engine.

**~~1.6.~~ [1.7.]{.underline} Aviation Turbine Fuel.** \-- means a
refined middle distillate suitable for use as a fuel in an aviation gas
turbine internal combustion engine.

**~~1.7.~~ [1.8.]{.underline} Base Gasoline.** \-- means all components
other than ethanol in a blend of gasoline and ethanol.

**~~1.8.~~ [1.9.]{.underline} Biodiesel.** \-- means a blend consisting
of diesel fuel and a substantial amount of esterified animal fats and/or
vegetable oil(s).

**~~1.9.~~ [1.10.]{.underline} Cetane Index.** \-- means an
approximation of the cetane number of distillate diesel fuel, which does
not contain a cetane improver additive, calculated from the density and
distillation measurements.

**~~1.10.~~ [1.11.]{.underline} Cetane Number.** \-- means a numerical
measure of the ignition performance of a diesel fuel obtained by
comparing it to reference fuels in a standardized engine test.

**~~1.11.~~ [1.12.]{.underline} Compressed Natural Gas (CNG).** \--
means natural gas which has been compressed and dispensed into fuel
storage containers and is suitable for use as an engine fuel.

**~~1.12.~~ [1.13.]{.underline} Denatured Fuel Ethanol.** \-- means
\"ethanol\" as defined in \' 1.19. below.

**~~1.13.~~ [1.14.]{.underline} Diesel Fuel.** \-- means a refined
middle distillate suitable for use as a fuel in a compression-ignition
(diesel) internal combustion engine.

**~~1.14.~~ [1.15.]{.underline} Distillate.** \-- means any product
obtained by condensing the vapors given off by boiling petroleum or its
products.

**~~1.15.~~ [1.16.]{.underline} EPA.** \-- means the United States
Environmental Protection Agency.

**~~1.16.~~ [1.17.]{.underline} E85 Fuel Ethanol.** \-- means a blend of
ethanol and hydrocarbons of which the ethanol portion is nominally 85 to
75 volume percent denatured fuel ethanol.

**~~1.17.~~ [1.18.]{.underline} Energy Content.** \-- means the gross
energy content or the heating value of diesel fuel as defined by its
heat of combustion ‑ the heat released when a known quantity of fuel is
burned completely under specific conditions as determined by ASTM
Standard Test Method D 240.

(Added 1998)(Amended 1999)

**~~1.18.~~ [1.19.]{.underline} Engine Fuel.** -- means any liquid or
gaseous matter used for the generation of power in an internal
combustion engine.

**~~1.19.~~ [1.20.]{.underline} Engine Fuels Designed for Special Use.**
\-- means engine fuels designated by the Director requiring
registration. These fuels normally do not have ASTM or other national
consensus standards applying to their quality or useability; common
special fuels are racing fuels and those intended for agricultural and
other off-road applications.

**~~1.20.~~ [1.21.]{.underline} Ethanol.** \-- also known as \"Denatured
Fuel Ethanol,\" means nominally anhydrous ethyl alcohol meeting ASTM D
4806 standards. It is intended to be blended with gasoline for use as a
fuel in a spark-ignition internal combustion engine. The denatured fuel
ethanol is first made unfit for drinking by the addition of Bureau of
Alcohol, Tobacco, and Firearms (BATF) approved substances before
blending with gasoline.

**~~1.21.~~ [1.22.]{.underline} Fuel Injector Cleanliness.** \-- means a
characteristic of the fuel which allows engine operation without fuel
contribution to excessive injector deposits.

(Added 1998)(Amended 1999)

**~~1.22.~~ [1.23.]{.underline} Fuel Oil.** \-- means a refined oil
middle distillates, heavy distillates, or residues of refining, or
blends of these, suitable for use as a fuel for heating or power
generation, the classification of which shall be defined by ASTM D 396.

**~~1.23.~~ [1.24.]{.underline} Gasoline.** \-- means a volatile mixture
of liquid hydrocarbons generally containing small amounts of additives
suitable for use as a fuel in a spark-ignition internal combustion
engine.

**~~1.24.~~ [1.25.]{.underline} Gasoline-Alcohol Blend.** \-- means a
fuel consisting primarily of gasoline and a substantial amount (more
than 0.35 mass percent of oxygen, or more than 0.15 mass percent of
oxygen if methanol is the only oxygenate) of one or more alcohols.

**~~1.25.~~ [1.26.]{.underline} Gasoline Gallon Equivalent (GGE).** \--

Gasoline gallon equivalent (GGE) means 2.567 kilograms (5.660 lb) of
natural gas.

**~~1.26.~~ [1.27.]{.underline} Gasoline Liter Equivalent (GLE).** \--
Gasoline liter equivalent (GLE) means 0.678 kilogram (1.495 lb) of
natural gas.

**~~1.27.~~ [1.28.]{.underline} Gasoline-Oxygenate Blend.** \-- means a
fuel consisting primarily of gasoline along with a substantial amount
(more than 0.35 mass percent of oxygen, or more than 0.15 mass percent
of oxygen if methanol is the only oxygenate) of one or more oxygenates.

[**1.29. Gear Oil.** -- means an oil used to lubricate gears, axles or
some manual transmissions.]{.underline}

**~~1.28.~~ [1.30.]{.underline} Kerosene.** \-- (or \"Kerosine\") means
a refined middle distillate suitable for use as a fuel for heating or
illuminating, the classification of which shall be defined by ASTM D
3699.

**~~1.29.~~ [1.31.]{.underline} Lead Substitute.** \-- means an EPA-
registered gasoline additive suitable, when added in small amounts to
fuel, to reduce or prevent exhaust valve recession (or seat wear) in
automotive spark-ignition internal combustion engines designed to
operate on leaded fuel.

**~~1.30.~~ [1.32.]{.underline} Lead Substitute Engine Fuel.** \--
means, for labeling purposes, a gasoline or gasoline-oxygenate blend
that contains a \"lead substitute.\"

**~~1.31.~~ [1.33.]{.underline} Leaded.** \-- means, for labeling
purposes, any gasoline or gasoline-oxygenate blend which contains more
than 0.013 gram of lead per liter (0.05 g lead per U.S. gal). NOTE: EPA
defines leaded fuel as one which contains more than 0.0013 gram of
phosphorus per liter (0.005 g per U.S. gal), or any fuel to which lead
or phosphorus is intentionally added.

**~~1.32.~~ [1.34.]{.underline} Liquefied Natural Gas (LNG).** \-- means
natural gas that has been liquefied at -126.1 C (‑259 F) and stored in
insulated cryogenic tanks for use as an engine fuel.

**~~1.33.~~ [1.35.]{.underline} Liquefied Petroleum Gas (LPG).** \--
means a mixture of normally gaseous hydrocarbons, predominantly propane,
or butane, or both, that has been liquefied by compression or cooling,
or both to facilitate storage, transport, and handling.

**~~1.34.~~ [1.36.]{.underline} Low Sulfur.** \-- means low sulfur
diesel fuel that meets ASTM D 975 (e.g., Grade Low Sulfur No. 1-D or
Grade Low Sulfur No. 2-D) standards. Diesel fuel containing higher
amounts of sulfur for off-road use is defined by EPA regulations.

**~~1.35.~~ [1.37.]{.underline} Low Temperature Operability.** \-- means
a condition which allows the uninterrupted operation of a diesel engine
through the continuous flow of fuel throughout its fuel delivery system
at low temperatures. Fuels with adequate low temperature operability
characteristics have the ability to avoid wax precipitation and clogging
in fuel filters.

(Added 1998)(Amended 1999)

**~~1.36.~~ [1.38.]{.underline} M100 Fuel Methanol.** \-- means
nominally anhydrous methyl alcohol, generally containing small amounts
of additives, suitable for use as a fuel in a compression-ignition
internal combustion engine.

**~~1.37.~~ [1.39.]{.underline} M85 Fuel Methanol.** \-- means a blend
of methanol and hydrocarbons of which the methanol portion is nominally
70 to 85 volume percent.

**~~1.38.~~ [1.40.]{.underline} Motor Octane Number.** \-- means a
numerical indication of a spark-ignition engine fuel\'s resistance to
knock obtained by comparison with reference fuels in a standardized ASTM
D 2700 Motor Method engine test.

[**1.41. Motor Oil .** -- is an oil that reduces friction and wear
between the moving parts within a reciprocating internal combustion
engine and also serves as a coolant. For the purposes of this
regulation, "vehicle motor oil" refers to a motor oil which is intended
for use in light-to-heavy duty vehicles comprising cars, sport utility
vehicles, vans, trucks, buses, and off-road farming and construction
equipment. For the purposes of this regulation, "recreational motor oil"
refers to a motor oil which is intended for use in four-stroke cycle
engines used in motorcycles, ATVs, and lawn and garden equipment. For
the purposes of this regulation motor oil also means engine
oil.]{.underline}

[**1.42. Oil.** \-- means motor oil, engine oil, and/or gear
oil.]{.underline}

**~~1.39.~~ [1.43.]{.underline} Oxygen Content of Gasoline.** \-- means
the percentage of oxygen by mass contained in a gasoline.

**~~1.40.~~ [1.44.]{.underline} Oxygenate.** \-- means an
oxygen-containing, ashless, organic compound, such as an alcohol or
ether, which can be used as a fuel or fuel supplement.

**~~1.41.~~ [1.45.]{.underline} Reformulated Gasoline.** \-- means a
volatile mixture of liquid hydrocarbons and oxygenates meeting the
reformulated gasoline requirements of the Clean Air Act Amendments of
1990 and suitable for use as a fuel in a spark-ignition internal
combustion engine.

**~~1.42.~~ [1.46.]{.underline} Research Octane Number.** \-- means a
numerical indication of a spark-ignition engine fuel\'s resistance to
knock obtained by comparison with reference fuels in a standardized ASTM
D 2699 Research Method Engine Test.

**~~1.43.~~ [1.47.]{.underline} SAE.** \-- means the Society of
Automotive Engineers [International]{.underline}, a technical
organization for engineers, scientists, technicians, and others in
positions that cooperate closely in the engineering, design,
manufacture, use, and maintainability of self-propelled vehicles.

**~~1.44.~~ [1.48.]{.underline} Substantially Similar.** \-- means the
EPA\'s \"Substantially Similar\" rule, Section 211 (f) (1) of the Clean
Air Act \[42 U.S.C. 7545 (f) (1)\].

**~~1.45.~~ [1.49.]{.underline} Thermal Stability.** \--means the
ability of a fuel to resist the thermal stress which is experienced by
the fuel when exposed to high temperatures in a fuel delivery system.
Such stress can lead to formation of insoluble gums or organic
particulates. Insolubles (e.g., gums or organic particulates) can clog
fuel filters and contribute to injector deposits.

(Added 1998)(Amended 1999)

**~~1.46.~~ [1.50.]{.underline} Total Alcohol.** \-- means the aggregate
total in volume percent of all alcohol contained in any fuel defined in
this Chapter.

**~~1.47.~~ [1.51.]{.underline} Total Oxygenate.** \-- means the
aggregate total in volume percent of all oxygenates contained in any
fuel defined in this Chapter.

**~~1.48.~~ [1.52.]{.underline} Unleaded.** \-- in conjunction with
\"engine fuel\" or \"gasoline\" means any gasoline or gasoline-oxygenate
blend to which no lead or phosphorus compounds have been intentionally
added and which contains not more than 0.013 gram of lead per liter
(0.05 g lead per U.S. gal) and not more than 0.0013 gram of phosphorus
per liter (0.005 g phosphorus per U.S. gal).

**~~1.49.~~ [1.53.]{.underline} Wholesale Purchaser Consumer.** -means
any person who is an ultimate gasoline consumer of fuel methanol, fuel
ethanol, diesel fuel, biodiesel, fuel oil, kerosene, aviation turbine
fuels, natural gas, compressed natural gas, or liquefied petroleum gas
and who purchases or obtains the product from a supplier and receives
delivery of that product into a storage tank.

(Added 1998)(Amended 1999)

**2. Standard ~~Fuel~~ Specifications**

**2.1. Gasoline and Gasoline-Oxygenate Blends** (as defined in this
regulation) shall meet the following requirements:

**2.1.1.** The most recent version of ASTM D 4814, \"Standard
Specification for Automotive Spark­‑Ignition Engine Fuel,\" except that
volatility standards for unleaded gasoline blended with ethanol shall
not be more restrictive than those adopted under the rules, regula­tions,
and Clean Air Act waivers of the U.S. Environmental Protection Agency
(which includes rules promulgated by the State). Gasoline blended with
ethanol shall be blended under any of the following three options:

**2.1.1.1.** The base gasoline used in such blends shall meet the
requirements of ASTM D 4814, or

**2.1.1.2.** The blend shall meet the requirements of ASTM D 4814, or

**2.1.1.3.** The base gasoline used in such blends shall meet all the
requirements of ASTM D 4814 except distillation, and the blend shall
meet the distillation requirements of the ASTM specification.

**2.1.2.** Blends of gasoline and ethanol shall not exceed the ASTM D
4814 vapor pressure standard by more than 1.0 psi.

**2.1.3. Minimum Antiknock Index (AKI).** \-- The AKI shall not be less
than the AKI posted on the product dispenser or as certified on the
invoice, bill of lading, shipping paper, or other documentation;

**2.1.4. Minimum Motor Octane Number.** \-- The minimum motor octane
number shall not be less than 82 for gasoline with an AKI of 87 or
greater;

**2.1.5. Minimum Lead Content to Be Termed \"Leaded\".** \-- Gasoline
and gasoline‑oxygenate blends sold as \"leaded\" shall contain a minimum
of 0.013 gram of lead per liter (0.05 g per U.S. gal);

**2.1.6.** **Lead Substitute Gasoline.** \-- Gasoline and
gasoline-oxygenate blends sold as \"lead substitute\" gasoline shall
contain a lead substitute which provides protection against exhaust
valve seat recession equivalent to at least 0.026 gram of lead per liter
(0.10 g per U.S. gal).

**2.1.6.1.** **Documentation of Exhaust Valve Seat Protection.** \--
Upon the request of the director, the lead substitute additive
manufacturer shall provide documentation to the director that
demonstrates that the treatment level recommended by the additive
manufacturer provides protection against exhaust valve seat recession
equivalent to or better than 0.026 gram per liter (0.1 g/gal) lead. The
director may review the documentation and approve the lead substitute
additive before such additive is blended into gasoline. This
documentation shall consist of:

**2.1.6.1.1.** Test results as published in the Federal Register by the
EPA Administrator as required in Section 211(f)(2) of the Clean Air Act;
or

**2.1.6.1.2.** Until such time as the EPA Administrator develops and
publishes a test procedure to determine the additive\'s effectiveness in
reducing valve seat wear, test results and description of the test
procedures used in comparing the effectiveness of 0.026 gram per liter
lead and the recommended treatment level of the lead substitute additive
shall be provided.

**2.1.7. Blending.** \-- Leaded, lead substitute, and unleaded
gasoline-oxygenate blends shall be blended according to the EPA
\"substantially similar\" rule or an EPA waiver for unleaded fuel.

**2.2. Diesel Fuel** shall meet the most recent version of ASTM D 975,
\"Standard Specification for Diesel Fuel Oils.\"

**2.2.1. Premium Diesel Fuel ‑** Effective January 1, 2000, all products
identified on retail dispensers, bills of lading, invoices, shipping
papers, or other documentation such as premium, super, supreme, plus, or
premier must conform to at least two of the following requirements:

**(a) Energy Content ‑** A minimum energy content of 38.65 MJ/L, gross
(138,700 BTU/gallon, gross) as measured by ASTM Standard Test Method D
240.

**(b) Cetane Number ‑** A minimum cetane number of 47.0 as determined by
ASTM Standard Test Method D 613.

**(c)** **Low Temperature Operability ‑** A cold flow performance
measurement which meets the ASTM D 975 tenth percentile minimum ambient
air temperature charts and maps by either ASTM Standard Test Method D
2500 (Cloud Point) or ASTM Standard Test Method D 4539 (Low Temperature
Flow Test, LTFT). Low temperature operability is only applicable October
1 ‑ March 31 of each year.

**(d) Thermal Stability ‑** A minimum reflectance measurement of 80
percent using a green filter in the Octel America\'s Test Method No.
F21‑61 (180 minutes, 150 C).

**(e) Fuel Injector Cleanliness ‑** A Coordinating Research Council
(CRC) rating of 10.0 or less and a flow loss of 6.0 percent or less as
determined by the Cummins L‑10 Injector Depositing Test.

1\. When a fuel uses a detergent additive to meet the requirement, upon
the request of the Director, the fuel marketer shall provide test data
indicating the additive being used has passed the Cummins L‑10 Injector
Depositing Test requirements when combined with Caterpillar 1‑K (CAT
1‑K) reference fuel. The Director may also request records or otherwise
audit the amount of additive being used to ensure proper treatment of
fuels according to the additive manufacturer\'s recommended treat rates.

1.1. Upon the request of the Director, the fuel marketer shall provide
an official \"Certificate of Analysis\" of the physical properties of
the additive.

1.2. Upon the request of the Director, the fuel supplier shall provide a
sample of detergent additive in an amount sufficient to be tested with
CAT 1‑K reference fuel in a Cummins L‑10 Injector Depositing Test. The
regulatory agency requesting the sample shall be responsible for all
costs of testing.

2\. When a fuel marketer relies on the inherent cleanliness of the
diesel fuel to pass the Cummins L‑10 Injector Depositing Test or if the
fuel requires a lower detergent additive level than the amount required
when the additive is used with the CAT 1‑K reference fuel, the fuel
marketer shall provide, upon the request of the Director, annual test
results from an independent laboratory that confirms the fuel meets the
requirements of 2.2.1. (e). The time of fuel sampling and testing shall
be at the Directors discretion. The Director may witness the sampling of
the fuel and the sealing of the sample container(s) with security seals.
The Director may request confirmation from the testing laboratory that
the seals were intact upon receipt by the laboratory. The final test
results shall be provided to the Director. All costs for sampling,
transporting, and testing shall be the responsibility of the fuel
supplier. If the annual test complies, any additional testing at the
request of the Director shall be paid for by the regulatory agency.

(Added 1998) (Amended 1999)

**2.3. Aviation Turbine Fuels** shall meet the most recent version of
ASTM D 1655, \"Standard Specification for Aviation Turbine Fuels.\"

**2.4. Aviation Gasoline** shall meet the most recent version of ASTM D
910, \"Standard Specification for Aviation Gasoline.\"

**2.5. Fuel Oils** shall meet the most recent version of ASTM D 396,
\"Standard Specification for Fuel Oils.\"

**2.6. Kerosene (Kerosine)** shall meet the most recent version of ASTM
D 3699, \"Standard Specification for Kerosine.\"

**2.7. Ethanol** intended for blending with gasoline shall meet the most
recent version of ASTM D 4806, \"Standard Specification for Denatured
Fuel Ethanol for Blending with Gasolines for Use as Automotive
Spark-Ignition Engine Fuel.\"

**2.8. Liquefied Petroleum (LP) Gases** shall meet ASTM D 1835,
\"Standard Specification for Liquefied Petroleum (LP) Gases.\"

**Note:** Also reference Gas Processors Association 2140, \"Liquefied
Petroleum Gas Specification and Test Methods.\"

**2.9. Compressed Natural Gas (CNG)** shall meet the most recent version
of SAE J 1616, \"Recommended Practice for Compressed Natural Gas Vehicle
Fuel.\"

10. **E85 Fuel Ethanol** shall meet the most recent version of ASTM D
    5798, \"Standard Specification for Fuel

Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines.\"

(Added 1997)

**2.11. M85 Fuel Methanol** shall meet the most recent version of ASTM D
5797, \"Standard Specification for Fuel Methanol M70-M85 for Automotive
Spark Ignition Engines.\"

(Added 1997)

**[2.12]{.underline} [Vehicle Motor]{.underline} [Oil
]{.underline}**[shall not be sold or distributed for use unless the
product conforms to the following specifications:]{.underline}

[(a)]{.underline} [Performance claims listed on the label shall be
evaluated against SAE J183, API 1509 Engine Oil Licensing and
Certification System or other industry standards as
applicable.]{.underline}

[(b) It shall meet its labeled viscosity grade classification as
specified in the latest published version of SAE J300.]{.underline}

[(c)]{.underline} [Any engine oil that is represented as \"energy
conserving\" shall meet the requirements established by the latest
revision of SAE J1423.]{.underline}

[**2.13. PRODUCTS FOR USE IN LUBRICATING MANUAL TRANSMISSIONS, GEARS OR
AXLES** shall not be sold or distributed for use in lubricating manual
transmissions, gears, or axles unless the product conforms to the
following specifications:]{.underline}

[(a) It is labeled with one or more of the service designations found in
the latest revision of the SAE Information Report on axle and manual
transmission lubricants SAE J308 and API Publication 1560 and meets all
applicable requirements of those designations.]{.underline}

[(b) The product shall meet its labeled viscosity grade classification
as specified in the latest published version of SAE J306.]{.underline}

[(c) It shall be free from water and suspended matter when tested by
means of]{.underline}

[centrifuge, in accordance with the standard test ASTM
D-2273.]{.underline}

[**2.14. PRODUCTS FOR USE IN LUBRICATING AUTOMATIC TRANSMISSIONS** any
automatic transmission fluid sold without limitation as to type of
transmission for which it is intended, shall meet all automotive
manufacturers\' recommended requirements for transmissions in general
use in the state. Automatic transmission fluids that are intended for
use only in certain transmissions, as disclosed on the label of its
container, shall meet the latest automotive manufacturers\' recommended
requirements for those transmissions.]{.underline}

[Any material offered for sale or sold as an additive to automatic
transmission fluids shall be compatible with the automatic transmission
fluid to which it is added, and the resulting mixture shall not fall
below the minimum specifications for automatic transmission fluids, as
established by the director.]{.underline}

**Section 3. Classification and Method of Sale of Petroleum Products**

**3.1. General Considerations**

**3.1.1. Documentation.** \-- When gasoline; gasoline-oxygenate blends;
reformulated gasoline; M85 and M100 fuel methanol; E85 and E100 fuel
ethanol; liquefied petroleum (LP) gases; compressed natural gas;
liquefied natural gas; biodiesel; diesel fuel; kerosene; aviation
gasoline; aviation turbine fuels; or, fuel oils are sold, an invoice,
bill of lading, shipping paper or other documentation, must accompany
each delivery other than a retail sale. This document must identify the
quantity, the name of the product, the particular grade of the product,
the applicable automotive fuel rating, and oxygenate type and content
(if applicable), the name and address of the seller and buyer, and the
date and time of the sale. Documentation must be retained at the retail
establishment for a period not less than 1 year.

**3.1.2. Retail Dispenser Labeling.** \-- All retail dispensing devices
must identify conspicuously the type of product, the particular grade of
the product, and the applicable automotive fuel rating.

**3.1.3. Grade Name.** \-- The sale of any product under any grade name
that indicates to the purchaser that it is of a certain automotive fuel
rating or ASTM grade shall not be permitted unless the automotive fuel
rating or grade indicated in the grade name is consistent with the value
and meets the requirements of Section 2, Standard Fuel Specifications.

**3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends**

**3.2.1.** **Posting of Antiknock Index Required.** \-- All automotive
gasoline and automotive gasoline-oxygenate blends shall post the
antiknock index in accordance with applicable regulations, 16 CFR Part
306 issued pursuant to the Petroleum Marketing Practices Act, as
amended.

**3.2.2.** **When the Term \"Leaded\" May Be Used.** \-- The term
\"leaded\" shall only be used when the fuel meets specification
requirements of paragraph 2.1.5.

**3.2.3.** **Use of Lead Substitute Must Be Disclosed.** \-- Each
dispensing device from which gasoline or gasoline oxygenate blend
containing a lead substitute is dispensed shall display the following
legend: \"Contains Lead Substitute.\" The lettering of this legend shall
not be less than 12 millimeters (1/2 in) in height and the color of the
lettering shall be in definite contrast to the background color to which
it is applied.

**3.2.4.** **Nozzle Requirements for Leaded Fuel.** \-- Each dispensing
device from which gasoline or gasoline-oxygenate blends that contains
lead in amounts sufficient to be considered \"leaded\" gasoline, or lead
substitute engine fuel, is sold shall be equipped with a nozzle spout
having a terminal end with an outside diameter of not less than 23.63
millimeters (0.930 in).

**3.2.5.** **Prohibition of Terms.** \-- It is prohibited to use
specific terms to describe a grade of gasoline or gasoline-oxygenate
blend unless it meets the minimum antiknock index requirement shown in
Table 1.

**3.2.6. Method of Retail Sale.** \-- **Type of Oxygenate Must be
Disclosed.** \-- All automotive gasoline or automotive
gasoline-oxygenate blends kept, offered, or exposed for sale, or sold,
at retail containing at least 1.5 mass percent oxygen shall be
identified as "with" or "containing" (or similar wording) the
predominant oxygenate in the engine fuel. For example, the label may
read "contains ethanol" or "with MTBE." The oxygenate contributing the
largest mass percent oxygen to the blend shall be considered the
predominant oxygenate. Where mixtures of only ethers are present, the
retailer may post the predominant oxygenate followed by the phrase "or
other ethers" or alternatively post the phrase "contains MTBE or other
ethers." In addition, gasoline-methanol blend fuels containing more than
0.15 mass percent oxygen from methanol shall be identified as "with" or
"containing" methanol. This information shall be posted on the upper 50
percent of the dispenser front panel in a position clear and conspicuous
from the driver's position in a type at least 12.7 mm (2 in) in height,
1.5 mm (1/16 in) stroke (width of type).

(Amended 1996)

**3.2.7. Documentation for Dispenser Labeling Purposes.** \-- The
retailer shall be provided, at the time of delivery of the fuel, on an
invoice, bill of lading, shipping paper, or other documentation, a
declaration of the predominant oxygenate or combination of oxygenates
present in concentrations sufficient to yield an oxygen content of at
least 1.5 mass percent in the fuel. Where mixtures of only ethers are
present, the fuel supplier may identify either the predominant oxygenate
in the fuel (i.e., the oxygenate contributing the largest mass percent
oxygen) or, alternatively, use the phrase "contains MTBE or other
ethers." In addition, any gasoline containing more than 0.15 mass
percent oxygen from methanol shall be identified as "with" or
"containing" methanol. This documentation is only for dispenser labeling
purposes; it is the responsibility of any potential blender to determine
the total oxygen content of the engine fuel before blending. (Amended
1996)

**3.3. Diesel Fuel**

**3.3.1.** **Labeling of Grade Required.** \-- Diesel Fuel shall be
identified by grades No. 1-D, No. 1-D (low sulfur), No. 2-D, No. 2-D
(low sulfur), or No. 4-D. Each retail dispenser of diesel fuel shall be
labeled according to the grade being dispensed except the words \"low
sulfur\" are not required.

**3.3.2. Location of Label.** \-- These labels shall be located on the
upper 50 percent of the dispenser front panel in a position clear and
conspicuous from the drivers position, in a type at least 12 millimeter
(1/2 in) in height, 1.5 millimeter (1/16 in) stroke (width of type).

**3.3.3. Labeling Properties of Premium Diesel** \-- All retail
dispensers identified, as premium diesel must display either:

1\. A label that includes all qualifying parameters as specified in
2.2.1. Premium Diesel Fuel affixed to each retail dispenser. The label
shall include a series of check blocks clearly associated with each
parameter. The boxes for the parameters qualifying the fuel must be
checked. All other boxes shall remain unchecked. The marketer may check
as many blocks as apply, or,

2\. A label that includes only the parameters selected by a marketer to
meet the premium diesel requirements as specified in 2.2.1. Premium
Diesel Fuel. In either case, the label must display the following words:

-   \"Premium Diesel Fuel\" in a type at least 12 millimeters (2 inch)
    in height by 1.4 millimeters (1/16 inch) stroke (width of type.)

When applicable, as determined by the label option and qualifying
parameters chosen by the marketer, the label must also display the
following information and letter type size:

-   The words \"Energy Content,\" \"Cetane Number,\" \"Low Temperature
    Operability,\" \"Thermal Stability,\" and \"Fuel Injector
    Cleanliness\" in a type at least 6 millimeters (1/4 inch) in height
    by 0.75 millimeter (1/32 inch) stroke (width of type.)

-   A declaration of the minimum Energy Content (minimum 38.65 MJ/ L
    gross \[138,700 BTU/gallon\]), if energy content is chosen as a
    qualifying parameter, in type at least 3 millimeters (1/8 inch) in
    height by 0.4 millimeter (1/64 inch) stroke (width of type.)

-   The minimum cetane number guaranteed (at least 47.0) if cetane
    number is chosen as a qualifying parameter, in a type at least 3
    millimeters (1/8 inch) in height by 0.4 millimeter (1/64 inch)
    stroke (width of type.)

-   The date range of low temperature operability enhancement, (e.g.,
    October‑ March,) along with the qualifying test method (ASTM D 4539
    or ASTM D 2500), if low temperature operability is chosen as a
    qualifying parameter, in a type at least 3 millimeters (1/8 inch) in
    height by 0.4 millimeter (1/64 inch) stroke (width of type).

For Example:

+-----------------------------------------------------------------------+
| **Premium Diesel Fuel**                                               |
|                                                                       |
| High Energy Content                                                  |
|                                                                       |
| Cetane Number, 47.0 min                                              |
|                                                                       |
| Low Temperature Operability (Oct.-Mar.,LTFT)                         |
|                                                                       |
| Thermal Stability                                                    |
|                                                                       |
| Fuel Injector Cleanliness                                            |
+-----------------------------------------------------------------------+

or

+-----------------------------------------------------------------------+
| **Premium Diesel Fuel**                                               |
|                                                                       |
| Cetane Number, 47.0 min                                              |
|                                                                       |
| Low Temperature Operability (Oct.-Mar., LTFT)                        |
|                                                                       |
| Thermal Stability                                                    |
+-----------------------------------------------------------------------+

-   The label must be conspicuously displayed on the upper‑half of the
    product dispenser front panel in a position that is clear and
    conspicuous from the drivers position.

(Added 1998) (Amended 1999)

**3.3.4. Delivery Documentation -**‑ Before or at the time of delivery
of premium diesel fuel, the retailer or the wholesale purchaser‑consumer
shall be provided on an invoice, bill of lading, shipping paper, or
other documentation, a declaration of all performance properties that
qualifies the fuel as premium diesel fuel as required in 2.2.1.

(Added 1998) (Amended 1999)

**3.4. Aviation Turbine Fuels**

**3.4.1.** **Labeling of Grade Required.** \-- Aviation turbine fuels
shall be identified by Jet A, Jet A‑1, or Jet B.

**3.4.2. NFPA Labeling Requirements Also Apply.** \-- Each dispenser or
airport fuel truck dispensing aviation turbine fuels shall be labeled in
accordance with the most recent edition of National Fire Protection
Association NFPA 407, \"Standard for Aircraft Fuel Servicing.\" NFPA
407, 1990 Edition: Section 2‑3.18 Product Identification Signs. Each
aircraft fuel servicing vehicle shall have a sign on each side and the
rear to indicate the product. The sign shall have letters at least 3
inches (75 mm) high of color sharply contrasting with its background for
visibility. It shall show the word \"FLAMMABLE\" and the name of the
product carried, such as \"JET A,\" \"JET B,\" \"GASOLINE,\" or
\"AVGAS.\" (NOTE: Refer to the most recent edition.)

**3.5. Aviation Gasoline**

**3.5.1.** **Labeling of Grade Required.** \-- Aviation gasoline shall
be identified by Grade 80, Grade 100, or Grade 100LL.

**3.5.2. NFPA Labeling Requirements Also Apply.** \-- Each dispenser or
airport fuel truck dispensing aviation gasoline shall be labeled in
accordance with the most recent edition of National Fire Protection
Association (NFPA) 407, \"Standard for Aircraft Fuel Servicing.\"

NFPA 407, 1990 Edition: Section 2‑3.18 Product Identification Signs.
Each aircraft fuel servicing vehicle shall have a sign on each side and
the rear to indicate the product. The sign shall have letters at least 3
inches (75 mm) high of color sharply contrasting with its background for
visibility. It shall show the word \"FLAMMABLE\" and the name of the
product carried, such as \"JET A,\" \"JET B,\" \"GASOLINE,\" or
\"AVGAS.\" (NOTE: Refer to the most recent edition.)

**3.6. Fuel Oils**

**3.6.1. Labeling of Grade Required.** \-- Fuel Oil shall be identified
by the grades of No. 1, No. 2, No. 4 (Light), No. 4, No. 5 (Light), No.
5 (Heavy), or No. 6.

**3.7. Kerosene (Kerosine)**

**3.7.1. Labeling of Grade Required.** \-- Kerosene shall be identified
by the grades No. 1-K or No. 2-K.

**3.7.2. Additional Labeling Requirements.** \-- Each retail dispenser
of kerosene shall be labeled as 1-K Kerosene or 2-K. In addition, No.
2-K dispensers shall display the following legend:

**3.7.2.1.** \"Warning - Not Suitable For Use In Unvented Heaters
Requiring No. 1-K.\"

**3.7.2.2.** The lettering of this legend shall not be less than 12
millimeters (1/16 in) in height by 1.5 millimeters (1/16 in) strokes;
block style letters and the color of lettering shall be in definite
contrast to the background color to which it is applied.

**3.8. Fuel Ethanol**

**3.8.1. How to Identify Fuel Ethanol.** \-- Fuel ethanol shall be
identified by the capital letter E followed by the numerical value
volume percentage. (Example: E85)

**3.8.2. Retail Dispenser Labeling.** \-- Each retail dispenser of fuel
ethanol shall be labeled with the capital letter E followed by the
numerical value volume percent denatured ethanol and ending with the
word \"ethanol.\" (Example: E85 Ethanol)

**3.8.3. Additional Labeling Requirements.** \-- Fuel ethanol shall be
labeled with its automotive fuel rating in accordance with 16 CFR Part
306.

**3.9. Fuel Methanol**

**3.9.1. How Fuel Methanol is to Be Identified.** \-- Fuel methanol
shall be identified by the capital letter M followed by the numerical
value volume percentage of methanol. (Example: M85)

**3.9.2. Retail Dispenser Labeling.** \-- Each retail dispenser of fuel
methanol shall be labeled by the capital letter M followed by the
numerical value volume percent and ending with the word \"methanol.\"
(Example: M85 Methanol)

**3.9.3. Additional Labeling Requirements.** \-- Fuel methanol shall be
labeled with its automotive fuel rating in accordance with 16 CFR Part
306.

**3.10. Liquefied Petroleum (LP) Gas**

**3.10.1. How LPG is to Be Identified.** \-- Liquefied petroleum gases
shall be identified by grades Commercial Propane, Commercial Butane,
Commercial PB Mixtures or Special-Duty Propane (HD5).

**3.10.2. Retail Dispenser Labeling.** \-- Each retail dispenser of
liquefied Petroleum gases shall be labeled as \"Commercial Propane,\"
\"Commercial Butane,\" \"Commercial PB Mixtures,\" or \"Special-Duty
Propane (HD5).\"

**3.10.3. Additional Labeling Requirements.** \-- Liquefied Petroleum
Gas shall be labeled with its automotive fuel rating in accordance with
16 CFR Part 306.

**3.10.4.** NFPA Labeling Requirements also apply. (Refer to the most
recent edition of NFPA 58.)

**3.11. Compressed Natural Gas**

**3.11.1. How Compressed Natural Gas Is to Be Identified.** \-- For the
purposes of this regulation, compressed natural gas shall be identified
by the term \"Compressed Natural Gas\" or \"CNG.\"

**3.11.2.** **Retail Sales of Compressed Natural Gas Sold as a Vehicle
Fuel**

**3.11.2.1. Method of Retail Sale.** \-- All compressed natural gas
kept, offered, or exposed for sale and sold at retail as a vehicle fuel
shall be in terms of the gasoline liter equivalent (GLE) or gasoline
gallon equivalent (GGE).

**3.11.2.2. Retail Dispenser Labeling**

**3.11.2.2.1. Identification of Product.** \-- Each retail dispenser of
compressed natural gas shall be labeled as \"Compressed Natural Gas.\"

**3.11.2.2.2. Conversion Factor.** \-- All retail compressed natural gas
dispensers shall be labeled with the conversion factor in terms of
kilograms or pounds. The label shall be permanently and conspicuously
displayed on the face of the dispenser and shall have either the
statement \"1 Gasoline Liter Equivalent (GLE) is equal to 0.678 kg of
Natural Gas\" or \"1 Gasoline Gallon Equivalent (GGE) is equal to 5.660
lb of Natural Gas\" consistent with the method of sale used.

**3.11.2.2.3. Pressure.** \-- CNG is dispensed into vehicle fuel
containers with working pressures of 16 574 kPa, 20 684 kPa, or 24 821
kPa. The dispenser shall be labeled 16 574 kPa, 20 684 kPa, or
24 821 kPa corresponding to the pressure of the CNG dispensed by each
fueling hose.

**3.11.2.2.4. NFPA Labeling.** \-- NFPA Labeling requirements also
apply. (Refer to NFPA 52.)

**3.11.3. Nozzle Requirements for CNG.** \-- CNG fueling nozzles shall
comply with ANSI/AGA/CGA

NGV 1.

**3.12. Liquefied Natural Gas**

**3.12.1. How Liquefied Natural Gas Is to Be Identified.** \-- For the
purposes of this regulation, liquefied natural gas shall be identified
by the term \"Liquefied Natural Gas\" or \"LNG.\"

**3.12.2. Labeling of Retail Dispensers of Liquefied Natural Gas Sold as
a Vehicle Fuel**

**3.12.2.1. Identification of Product.** \-- Each retail dispenser of
liquefied natural gas shall be labeled as \"Liquefied Natural Gas.\"

**3.12.2.2. Automotive Fuel Rating.** \-- LNG automotive fuel shall be
labeled with its automotive fuel rating in accordance with 16 CFR Part
306.

**3.12.2.3. NFPA Labeling.** \-- NFPA Labeling requirements also apply.
(Refer to NFPA 57.)

[**3.13. Oil** \-- Each label for recreational motor oil and vehicle
motor oil shall contain the viscosity grade classification preceded by
the letters "SAE" in accordance with the SAE International's latest
version of SAE J300, and its intended use.]{.underline}

[Each label for gear oil shall contain the viscosity grade
classification preceded by the letters "SAE" in accordance with the SAE
International's latest version of SAE J306.]{.underline}

[The label on each container of vehicle]{.underline} [motor oil shall
contain the engine service categories met in letters not less than
one-eighth inch (3.18 mm) in height, as defined by the latest version of
SAE J183]{.underline} [or API Publication 1509, Engine Oil Licensing and
Certification System.]{.underline}

[The label of each container of gear oil shall contain the service
categories met in letters not less than one-eighth inch (3.18 mm) in
height, as defined by the latest version of SAE J308.]{.underline}

[Each container of]{.underline} [vehicle motor]{.underline} [oil with a
volume of one gallon or less that does not meet an active service
category, as defined by the latest version of SAE J183, shall bear a
plainly visible cautionary statement in compliance with SAE J183,
Appendix A, for obsolete API oil categories.]{.underline}

[**3.14. Automatic Transmission Fluid** \-- Automatic transmission fluid
shall be deemed to be mislabeled if any of the following
occurs:]{.underline}

[(a) The container does not bear a label on which is printed the brand
name, the name and place of business of the manufacturer, packer,
seller, or distributor, the words \"Automatic Transmission Fluid\", and
the duty type classification.]{.underline}

\(b\) The container does not bear a label on which is printed an
accurate statement of the quantity of the contents in terms of liquid
measure.

[(c) The labeling on the container is false or misleading.]{.underline}

[**3.14.1 DOCUMENTATION OF CLAIMS MADE UPON PRODUCTS\' LABEL** \-- Any
manufacturer or packager of any product subject to this article and sold
in this State shall provide, upon request to duly authorized
representatives of the director, documentation of any claim made upon
their products\' label.]{.underline}

**Section 4. Retail Storage Tanks**

**4.1. Water in Gasoline-Alcohol Blends, Aviation Gas, and Aviation
Turbine Fuel.** \-- No water phase greater than 6 millimeters (1/4 in)
as determined by an appropriate detection paste, is allowed to
accumulate in any tank utilized in the storage of gasoline-alcohol
blend, aviation gasoline, and aviation turbine fuel.

**4.2. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels.** \--
Water shall not exceed 50 millimeters (2 in) in depth when measured with
water indicating paste in any tank utilized in the storage of biodiesel,
diesel, gasoline, gasoline-ether blends, and kerosene sold at retail
except as required in section 4.1.

**4.3. Product Storage Identification**

**4.3.1. Fill Connection Labeling.** \-- The fill connection for any
petroleum product storage tank or vessel supplying engine-fuel devices
shall be permanently, plainly, and visibly marked as to the product
contained.

**4.3.2. Declaration of Meaning of Color Code.** \-- When the fill
connection device is marked by means of a color code, the color code
shall be conspicuously displayed at the place of business.

4.  **Volume of Product Information.** \-- Each retail location shall
    maintain on file a calibration chart or other means of determining
    the volume of each regulated product in each storage tank and the
    total capacity of such storage tank(s). This information shall be
    supplied immediately to the Director.

**Section 5. Condemned Product**

**5.1. Stop Sale Order at Retail.** \-- A stop sale order may be issued
to retail establishment dealers for fuels failing to meet specifications
or when a condition exists that causes product degradation. A release
from a Stop Sale order will be awarded only after final disposition has
been agreed upon by the director. Confirmation of disposition shall be
submitted in writing on form(s) provided by the Director and contain an
explanation for the fuels\' failure to meet specifications. Upon
discovery of fuels failing to meet specifications, meter readings and
physical inventory shall be taken and reported in confirmation for
disposition. Specific variations or exemptions may be made for fuels
designed for special equipment or services and for which it can be
demonstrated that the distribution will be restricted to those uses.

**5.2. Stop Sale Order at Terminal or Bulk Plant Facility.** \-- A stop
sale order may be issued when products maintained at terminals or bulk
plant facilities fail to meet specifications or when a condition exists
that may cause product degradation. The terminal or bulk storage plant
shall immediately notify all customers that received those product(s)
and make any arrangements necessary to replace or adjust to
specifications those product(s). A release from a Stop Sale order will
be awarded only after final disposition has been agreed upon by the
Director. Confirmation of disposition of products shall be made
available in writing to the Director. Specific variations or exemptions
may be made for fuels used for blending purposes or designed for special
equipment or services and for which it can be demonstrated that the
distribution will be restricted to those uses.

**Section 6. Product Registration**

**6.1. Engine Fuels Designed for Special Use.** \-- All engine fuels
designed for special use that do not meet ASTM specifications or
standards addressed in Section 2 shall be registered with the director
on forms prescribed by the director 30 days prior to when the registrant
wishes to engage in sales. The registration form shall include all of
the following information:

**6.1.1.** Business name and address(es).

2.  Mailing address if different than business address.

**6.1.3.** Type of ownership of the distributor or retail dealer, such
as an individual, partnership, association, trust, corporation, or any
other legal entity or combination thereof.

**6.1.4.** An authorized signature, title, and date for each
registration.

**6.1.5.** Product brand name and product description.

**6.1.6.** A product specification sheet shall be attached.

**6.2.** Registration is subject to annual renewal.

**6.3.** Re-registration is required 30 days prior to any changes in
Section 6.1.

**6.4.** The director may decline to register any product which actually
or by implication would deceive or tend to deceive a purchaser as to the
identity or the quality of the engine fuel.

**6.5.** The registration is not transferable.

**Section 7. Test Methods and Reproducibility Limits**

**7.1.** ASTM Standard Test Methods referenced for use within the
applicable Standard Specification shall be used to determine the
specification values for enforcement purposes.

**7.1.1. Premium Diesel -**The following test methods shall be used to
determine compliance with the applicable premium diesel parameters:

\(a\) Energy Content ‑ ASTM D 240

\(b\) Cetane Number ‑ ASTM D 613

\(c\) Low Temperature Operability ‑ ASTM D 4539 or ASTM D 2500
(according to marketing claim)

\(d\) Thermal Stability ‑ ~~Octel America F21‑61 (180 minutes, 150 EC)~~
[ASTM D 6468.]{.underline}

\(e\) \*Fuel Injector Cleanliness ‑ The most recent edition of the
Cummins L‑10 Injector Depositing Test as endorsed by the ASTM L‑10
Injector Depositing Test Surveillance Panel.

\*Upon ASTM approval of [a]{.underline} standard test method~~s~~ that
~~are~~ [is]{.underline} derived from the above referenced method~~s~~,
the ASTM standard test method~~s~~ shall be used to determine compliance
with the applicable premium diesel parameter.

(Amended 1999)

**7.2. Reproducibility Limits**

**7.2.1. AKI Limits.** \-- When determining the antiknock index (AKI)
acceptance or rejection of a gasoline sample, the AKI reproducibility
limits as outlined in ASTM D 4814 Appendix X1 shall be acknowledged for
enforcement purposes.

**7.2.2.** **Reproducibility.** \--The reproducibility limits of the
ASTM standard test method used for each test performed shall be
acknowledged for2\`\` enforcement purposes, except as indicated in
7.2.1.

3.  **Dispute Resolution.** \-- In the event of a dispute over a
    reported test value, the guidelines

presented in the most recent version of ASTM D 3244, \"Standard Practice
for Utilization of Test Data to Determine Conformance with
Specifications,\" shall be used to determine the acceptance or rejection
of the sample.